Puglia tar suspends regional ordinance on school closings: “Interferes with DPCM of November 3”. TEXT JUDGMENT [PDF]



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The TAR of Puglia accepted the request for suspension of the ordinance of the president of the region, Michele Emiliano, who since the end of October has ordered the closure of all schools except those for children with a more restrictive intervention than that foreseen by the ‘last Dpcm.

This was announced by the Lecce Codacons who had filed an appeal with a group of parents. The decision comes at a time when the regional council is managing a new ordinance, which will take effect on Monday, November 9.

For administrative judges “The ordinance of the president of the Puglia region with which integrated teaching was organized for all schools at all levels in the region, with the exception of nursery services, interferes, in an inconsistent way, with the organization of school services differentiated agreements agreed by the decree of the supervening Prime Minister of November 3, 2020 “.

The Dpcm, explains the TAR, “It places Puglia among the areas of medium criticality (the so-called ‘orange zone’) and even for highly critical areas (the so-called ‘red zones’) it provides face-to-face teaching in primary schools”.

Thus “Considering that the conditions for the precautionary measure exist, no reasons arise why the Puglia region should not align with national decisions (…) therefore it accepts the precautionary request and consequently suspends the enforceability of the contested provision and establishes the Council Hall on December 3. “

The lure of the Codacons

“Now we hope that the Puglia Region will adequately reconsider its position by aligning with the complex parameters established by the government for the definition of epidemiological criticalities in the various areas of the country, allowing Salento students to resume teaching regularly” highlights, in the post, the Codacons of Lecce. We want to protect the interest of the students in the continuation of a teaching that if it is lost it will be lost forever without the possibility of recovering the situation since we want the protection of children’s health through the rigorous application of safety protocols both inside and outside the school facilities “, it reads.

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