With ordinance no. 5496 of 6 September 2022, the appeal lodged by some candidates who requested assistance from the FLC CGIL to declare the illegality of their exclusion from the extraordinary competition bis is accepted.
The competition announcement (decree n. 1081 published in the Official Gazette on May 17, 2022), among the participation requirements, expressly provided as a condition that of not having participated in the procedures referred to in art. 59 co. 4 of law decree 73 of 25.05.2021.
Deeming this exclusion unreasonable and unjust, an appeal was lodged with the Lazio TAR which, with the aforementioned ordinance, stated that: “Considering having to accept the precautionary petition formulated by today’s applicants, aimed at obtaining the possibility of being admitted to participate in the extraordinary competition for the recruitment of teaching staff announced with ddgn 1081/2022, pending the definition of the path of entry into the role provided for by extraordinary procedure pursuant to art. 59, co. 4 of Legislative Decree 73/2021, in light of the balance between the opposing public and private interests to be conducted in this procedural phase. Considering, in particular, that the sacrifice imposed on the applicants by the exclusion clause contained in the competition notice in question is disproportionate to the needs of the public administration to perform well, attributable to the organizational efforts necessary for the management of the selection procedure in question. Therefore, it was deemed necessary to accept the proposed interim application, providing for the suspension of the clause of the notice burdened and the consequent admission with reserve of the applicants to the competition in question, with compensation of the expenses relating to today’s trial phase due to the peculiarity and novelty of the issues faced “.
Once again, after the numerous sentences obtained by the FLC which recognized the right to participate in the supplementary tests of candidates unable to take part for reasons related to Covid 19, the Union obtains another important victory forcing the Ministry of Education to guarantee the participation of candidates illegitimately excluded from the extraordinary competition bis..