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LECCE – After having accepted, again on November 6, the precautionary request of Suspension of the validity of the regional ordinance of October 28, the judges of the administrative court of Puglia, Bari section, close the open game in the school by the appeals of Codacons Lecce and Pietro Quinto – in representation of some parents of Lecce – with a very technical linear solution that makes the request for annulment.
There are two substantial reasons behind the decree of the Third Section: the first lies in the fact that the regional ordinance of October 28 of the Puglia Region, which limited face-to-face teaching in all schools to laboratories and the needs of students. students with special educational needs, lost its validity at the same time that, precisely on November 6, the last decree of the President of the Council of Ministers came into force (which limits the suspension of classroom lessons to high school students and also up to the second and third grade). average in regions classified as red for health risk).
The second is that the subsequent regional ordinance, the one in force since November 7, is part of the Dpcm discipline and has not been the subject of any controversy. Therefore, the suspension of classroom lessons for secondary schools remains firm, while for other cycles the request for distance learning is a power of choice reserved for parents. In short: everything remains as it is now: freedom of choice, until December 6, for primary and secondary schools.
Emiliano: “We must guarantee integrated teaching.”
The President of the Region commented with satisfaction on the pronouncement: “With Ordinance 413 the school must make the Did available to all students, to respect the right of those who request it. I want to clarify that the TAR has not undermined the legitimacy of the previous ordinance (407), having only warned of the supervening inoperation because it was issued before the last Dpcm. The question is purely technical ”.
According to the governor, “the Apulian Region, even after the enactment of the new Dpcm, retains full power to protect public health with temporary measures that can also affect schools, as it has already done in practice with the ordinance 413 currently in force. Therefore, the presidents of the region can resign from the Dpcm with more restrictive measures. The spirit of collaboration with the Ministry of Education and strict compliance with the law has led us to a good solution that can be improved even more in the dialogue between the parties. “
The reaction: Codacons Lecce and Quinto’s lawyer.
The applicants’ reaction was different in tone before the TAR decree. The Codacons Lecce is more aggressive that “although it does not agree with the second ordinance of the Puglia region, since it is imbued with legally unacceptable positions, it expresses its satisfaction with the important result achieved because it allows schools to remain open and allows children to participate “in the presence of the lessons In light of today’s decision of the TAR, the Codacons of Lecce will evaluate new initiatives to protect and defend the rights of students and citizens of Salento and Puglia £.
The lawyer Pietro Quinto, for his part, seems to be adopting a more conciliatory position: “In this way – he writes in a note – a principle of great importance is established that helps to give a key to reading and a solution to the conflict on which Since the era of the Covid emergency began, that is, the possible conflict between the State and the Regions. The Regions’ space for intervention exists only as long as the central government does not intervene in a specific matter; otherwise, in a sector such as that of the school, which must guarantee equality of performance throughout the national territory, would generate these inequalities that cannot be accepted ”.
“Two rights are reconciled – Fifth concludes – both rights guaranteed by the Constitution: the right to health and the right to education that, especially in the province of Lecce, can be well protected considering that the greatest criticalities, as can be seen from the data are concentrated in the north of the Region “.
