[ad_1]
press release national secretary UIL Scuola Giuseppe D’Aprile – With a specific appeal filed with Lazio TAR in Rome, the Uil Scuola asked the Court to suspend the exam schedule for the extraordinary competition announced by decree 510/2020 with a single caution.
The reasons highlighted the following:
Nullity and illegitimacy of the test calendar published in the Official Gazette no. 76 of 29.09.2020. Violation and false application of the law: Art. 32 of the Constitution. Excess of power, irrationality, insufficiency.
Was featured how the appeal is assisted by smoke well and of risks and must,
Highlighting the magnitude of the inconvenience for candidates who, despite the health context they suffer throughout Italy, would be forced to move from one Region to another to take the written test that, take into account, is scheduled in a Region other than the one being added.
It follows that, in the present case, the Lazio Region will host candidates for various competition classes from the Abruzzo, Marche, Sardinia, Tuscany, Umbria Regions, where, among other things, new closures and limitations are being discussed, in consideration of the recent decree signed by the president of the Council of Ministers, which derives from the daily and worrying increase in the number of infections by Covid-19.
Carrying out such a procedure runs the risk of creating a veritable “explosion” of infections that, instead of allowing the peaceful continuation of the school year, would mean the cancellation of all those containment measures that have been implemented up to now , albeit with extreme difficulty.
Faced with the silence of the Administration, which continues to ignore the numerous requests of all the candidates who would face the choice between putting their health at serious risk on the one hand and trying to overcome precariousness by participating in the procedure on the other, the writer Los Recursos defense attorneys filed before the court, confident that the priority to guarantee is the right to health of citizens.
From what was explained above, the smoke law seems articulate and motivated. The violations denounced above seem, in fact, so serious and widespread that they determine an inadmissible violation of the right constitutionally guaranteed by art. 32 of the Constitution.
In order to danger in delay We would like to briefly recall the elements indicated in fact and the fact that, for the purposes of the effectiveness of the requested precautionary protection, the Ministry of Education is launching an extraordinary procedure regardless of the now international epidemiological emergency situation, allowing the transfer of more than 60,000 people. between the different Regions to be able to take the written test.
The choice of the Ministry not to intervene in the sense of ordering a postponement of the tests is totally detrimental to the constitutionally guaranteed principles, especially since the entrance to the teaching post will take place as of September 2021, so it will not be see how it should be raised. I risk the health of all candidates, forced to choose between their own health and the desire for job stabilization.
The choice made by the Ministry of Education openly contrasts with current health legislation and must be detected by the designated ART, which must verify the good performance of the Administration and intervene in the presence of obvious violations of the law.
Therefore, the undersigned defense trusts the role of the Judiciary which, despite all the difficulties related to the opportunity and option of ordering the postponement of the trial of the procedure from wedIt must operate with the common sense that distinguishes it and supply the violations perpetrated by the Administration, also of a constitutional nature for the protection of public health.
This defense, always attentive to the jurisprudential guidance provided by the Excellency College, does not escape this defense, how the use of single law decrees is discouraged, but that the extraordinary, urgent and indelible circumstance requires the defender of the writer, in the interest of the applicant and all teachers registered in the union, to present to the illustrious President an issue that presents evident urgent and irrevocable needs.
We understand how in the normal case the administrative action moves with autonomous decisions that often cannot be the object of a legitimacy review by the Judicial Power.
But at the same time we cannot fail to highlight how the administrative election, in the current extraordinary situation, is characterized by an evident excess of power and irrationality, so much so that we have to turn to the judicial authority to recover that sense of legality, respect and protection of public health.
With this in mind and sure to find a sensitive interlocutor who can listen and grasp the importance of this request, in balancing all interests at stake, may the Honorable Member accept this request for urgent suspension. unheard of alters part insolvency proceedings, requested by many parties but which remained totally unnoticed by the stubborn and firm stance of the Ministry of Education of wanting to achieve its own personal school policy goal rather than the interest of the entire community.
Last but not least, it should be noted that in a completely surreal climate in the face of a pandemic that is taking hold, the Ministry of Education has not yet disclosed the Examining Commissions after the continuous exemptions of the Commissioners of the corresponding Offices. .
For this reason, we are forced, in spite of ourselves, to insist that the request for suspension of the contest procedure can be positively received, which would allow us to make the correct reflection on the times and methods most appropriate to the importance of a contest for the selection of thousands of teachers and at the same time can guarantee the protection of the entire community, taking into account that the teachers who in the next few days will move to take the exams that will be carried out from 10.22.2020 to 11.16. 2020, they are the same ones who will return to class and have relationships with students and families, with the completely unmotivated and irrational risk of an exponential contagion of the Covid-19 virus.
In addition, an integration of the resource was also presented, highlighting
In addition to what has already been deduced and articulated in the appeal filed, the President Ill.Mo is informed about the Ordinance of the Campania Region ORDER north. 82 of October 20, 2020 where it is provided:
- With effect from October 23, 2020, in order to contain the risks of contagion related to mobility in the territory, to the citizens of Campania It is prohibited to travel from the province of residence or habitual residence to other provinces of Campania, without prejudice to trips related to needs, the occurrence of which will be self-certified under personal responsibility, in accordance with Presidential Decree 445/2000, in relation to:
- health reasons;
- proven business reasons;
- proven family reasons;
- school reasons and / or related to educational and / or welfare activities;
- other reasons of urgent need.
- In any case, it is allowed to return to the residence or habitual residence.
- Four. With immediate effect and until October 30, except for new measures as a result of the evolution of the epidemiological situation, the following measures are established with reference to the territory of the Municipality of Arzano (NA):
- prohibition of leaving the municipal term to all the people who reside there;
- prohibition of access to the municipal term;
- suspension of the activities of public office, without prejudice to the provision of essential services and public utility;
– suspension of commercial and productive activities, including catering activities (bars, restaurants, pastry shops, pubs, etc.), except home delivery, except personal services and activities related to the supply of essential goods and services identified by Decree of the Prime Minister of April 10, 2020.
****
In this sense, it should be noted that the Arzano Institute is the venue for the A041 Competition class competition where it will be impossible to carry out competition tests. tests scheduled for October 26, 2020.
In addition, teachers residing in the Municipality of Arzano not You may participate in the Contest tests held from the date of October 22, 2020, on the occasion of the aforementioned ordinance.
[ad_2]
