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As has already happened in Lombardy, the TAR of Emilia Romagna also annuls the regional ordinance that closed the secondary school in attendance until Saturday 23 January. The lawyer Milli Virgilio, one of the lawyers who followed the appeal presented in Bologna by 21 parents, was satisfied: “Our thesis has been accepted, I hope this can help put the school in the center and on the right path”.
The administrative judges refer to norms – decrees and ordinances – of the government and the Ministry of Health that indicated the opening of secondary schools “at least 50%” until January 15. The Region, the legal reasoning, intervenes with its own measures that have more restrictive measures – the 100% Dad – than those “introduced by the legislation of primary rank at the national level, without the latter expressly providing for exceptions.”
“The contested ordinance – it reads – does not escape the illegitimacy profiles that are deduced substantially subspecies of the figure of excess power due to insufficiency and hollogic of motivation.”
Secondary schools in Lombardy, the TAR accepts the appeal against the Region for distance education: the ordinance has been suspended
On the motives, the judges agree with what the plaintiffs have raised regarding the lack of investigation. In fact, the regional ordinance was based on a note from the General Directorate of Health and Welfare of the Region on the advance of the epidemic between December 28 and January 3, which urges the adoption of new mitigation measures. But without referring to secondary schools, in addition, the examination of the contagion situation is within a week in which the school was closed.
Appeal to the TAR against the order of Emilia-Romagna that postponed the opening of secondary schools
by Ilaria Venturi
“There are no indications – writes the TAR – of facts, circumstances and elements of judgment that lead to a prognostic judgment on a more than probable increase in contagion attributable to school activity in the presence of secondary schools.” And that, “in any case, the hypothesis according to which the virus would spread in schools throughout the region more than in other contexts is not even aired.”
The rebellious professors of the da Vinci institute in Bologna: “Enough is enough daddy”
About the reopening in the presence of secondary teachers also begin to be heard. A group of da Vinci organized remote outdoor lessons yesterday in front of the branch. “The kids no longer find motivation and enthusiasm. The word that I would use to convey the idea is: addiction – says Daniela Marconi, professor of Mathematics and Physics – it is clear that the good ones do it, but who would do it now is giving up more the need to remain anchored to the presence in the classroom . Gaia Pierpaoli speaks of the “cabin effect”: “They take refuge in their rooms.” Teachers know that for many young people it is becoming more “comfortable”, that they want to stay home. And so they are even more concerned. On the 24th at the Da Vinci he signed a document: “What we are implementing is not so much a protest, but a request to listen: it is time to have courage. Bring the high school boys back to attendance as soon as possible” photo by Gianluca Perticoni (Eikon)
In the conclusions, the judges affirm that “the administrative activity of adopting measures in situations of such considerable gravity cannot fully sacrifice other constitutionally protected interests”, such as education.
Now the scenario that opens is that of a restart of the institutes in the presence of 50% from Monday, unless Emilia-Romagna becomes a red zone.
