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As HuffPost anticipated, the first test journal of the 2020 school competitions could be published in the GU next week. The first to start is the extraordinary competition for the role referred to in DD n. 510 of April 23, 2020 and supplemented with modifications of the DD of July 8, 2020.
With the start of the school year and the sudden formation of small irregular outbreaks in the Peninsula, a question spontaneously arises: “What happens if a candidate is quarantined or becomes ill with COVID-19 and does not support the evidence?” Unfortunately, it must be admitted that the answer is far from obvious. Let’s analyze the state of the art.
What is quarantine?
The art. 19, paragraph 1 of Legislative Decree no. 9/2020 says: “The period spent in disease or in quarantine with active surveillance, or in permanent fiduciary domicile with active surveillance, by employees of the administrations referred to in article 1, paragraph 2, of Legislative Decree no. 165, due to COVID-19, is equivalent to the period of hospitalization”.
Let’s add some definitions:
- quarantine with active surveillance: people who have had close contact with confirmed cases of diffuse infectious disease (article 1, paragraph 2, letter h, DL 6/2020);
- Stay in trust house with active surveillance: people who entered Italy from risk areas (letter i, of the same article).
By close contactBased on the indications of the Ministry of Health, we mean:
- person who lives in the same home as a COVID-19 case;
- a person who has had direct physical contact with a COVID-19 case;
- person who has had direct unprotected contact with secretions from a COVID-19 case;
- person who has had direct contact with a COVID-19 case, at a distance of less than 2 meters and with a duration of more than 15 minutes;
- person who has been in a closed environment with a case of COVID-19 for at least 15 minutes, at a distance of less than 2 meters;
- Person who has traveled seated in an airplane in the two adjacent seats, in any direction, of a case of COVID-19.
What do the calls and the legislation prescribe?
The calls issued by the MI do not contemplate anything regarding the absence of candidates, or COVID-19.
In these cases, the majority case law holds that, in the case of public competitions, any postponement of the test would undermine the principle of equal treatment between candidates. It follows that it is not desirable to have a new session for those absent from the tests. This applies to competition events where a common start time is established for all candidates.
In the case of tests, on the other hand, in which the simultaneous participation of all candidates is not foreseen, such as physical or psycho-fitness tests, it is possible that the Administration, in case of serious and justified causes, may grant the postponement to following.
Complementary test due to force majeure
The possibility of accessing additional tests is sometimes granted for reasons of force majeure. One of the last cases occurred in the summer of 2018 on the occasion of the pre-selection test for the 2017 School Executives contest. On that occasion, due to a weather alert, the Institute that hosted the tests in Sardinia was closed, not allowing the completion of the test for Sardinian candidates. The MIUR at that time granted a complementary test in December 2018.
In other cases, however, due to even objective impediments that occurred to the individual participants, the Administration did not grant the complementary test and forced the candidates to be excluded or to appeal to the Regional Administrative Court. Appeals, in these cases, not infrequently end with the plaintiff’s victory.
In all cases, assuming that the absence for COVID-19 (quarantine or illness) is considered force majeure, the recovery of the evidence is not necessarily granted.
Maybe a light from the Campania region
The Campania Region, on September 21, issued Decree 866 that prescribed the need to guarantee the scheduling of new exam dates for candidates who, on the days established for their call according to the published newspaper, are in a documented regime from being quarantined or having received home isolation arrangements for COVID-19. This is the competition for the strengthening of the employment centers.
It is a regional measure and therefore not binding at the national level, but it emphasizes that the issue is open and should be standardized.
Obviously, the legal office of the Campania region has assessed that the particular health situation and the legal status of the candidate in quarantine could have given rise to a whole series of appeals in case of exclusion from the tests of these candidates. They then proceeded to formalize this type of “anticipated self-protection,” thus avoiding safe appeals and delays.
The Ministry is expected to provide the same clarity in this regard as well. We wait for news.
Extraordinary competition for the paper, on Tuesday perhaps in the Official Gazette the date of the test
OrizzonteScuola Formazione preparation course Extraordinary competition for paper
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