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the Puglia tar is divided by order of the president Michele Emiliano which provides for the closure of schools of all orders and grades (with the exception of childhood) until November 25. A section of the administrative court has discontinued the provision, considering it in contrast to the last dpcm of the government that instead authorizes the face-to-face lessons up to eighth grade for the orange areas (including Puglia and Sicily). On the same day, however, the section of Lecce tar rejected a second request for suspension: according to the judges, the Right to health it is “prevalent” with respect to the one being studied and therefore the ordinance may remain in effect. A confusing situation, which in theory should still allow Puglia’s primary and secondary students to return to classes from Monday. Unless another twist comes with one new ordinance about the school the governor is supposed to be working in right now.
The first appeal against Emiliano’s hard line was presented to the TAR by Codacons together with a group of parents. The judges of the third section of the administrative court decided to accept it, since they say “the order of the president of the Puglia region with which the integrated teaching for all schools of all types and levels of the regional territory, with the exception of nursery services, interferes, in inconsistent way, with the differentiated organization of the school services arranged by the supervening dpcm November 3, 2020 ″. The provision, explains the TAR, “places Puglia among the middle critical areas (the so-called “orange zone”) and even for areas Highly critical (the so-called “red zones”) provide for face-to-face teaching in primary schools. “The judges also believe that” there are no particular reasons why the Puglia region should not align with national decisions In education “.” As deduced by the applicants – read the provision – there are many schools and many students in Puglia not sufficiently equipped for digital distance education, so that the implementation of the contested provision results in a interruption of educational activities and services to school users (for whose protection recurring Codacons can also be considered actively legitimized in the first resolution). The regional administrative court, therefore, “considering that the detected profile of inadequacy of the Apulian school system to immediately activate the father constitutes an urgent reason for which the provisional precautionary measure must be ordered,” accepted the request of the Codacons and suspended the enforceability of the provision challenged. He also set the discussion of the collegiate precautionary sentence for next December 3.
The TAR section of Lecce, for its part, expressed the opposite opinion on the appeal filed by sixteen parents. The president of the Tar de Salento, Eleonora Di Santo, rejected the precautionary request “considering that the necessary reconciliation of the right to health with the right to study today epidemiological situation sees that the former prevails over the latter, though partially satisfied through the distance education, given the need, due to the total number of contagion, to be appreciated taking into account the responsiveness of the regional health system, to contain the risk of spreading the virus “. The Administrative Court also considers that since” the contested provision has limited temporary effectivenessUntil November 24, “also susceptible to reduction based on the evaluation of the impact of the measures taken on the evolution of the epidemiological situation”, “the priority needs of health protection may justify a temporary sacrifice at the organizational level of the families involved. ” . Therefore, the collegiate hearing on the fund is set for November 25.
Now it remains to be understood how the board led by Emiliano will move: the Region is ready to issue in the next few hours a new ordinance in schools and face-to-face teaching from Monday November 9. The governor made it known in a communication sent to the general director of the Apulian school office, Anna Cammalleri: “Pending the approval of a specific ordinance that will be published and that will take effect on Monday, November 9, schools must comply with organizational model also in place so as not to confuse users. “Initially it seemed that the new provision could follow the previous one, with the sole exception of primary schools, but now the opposite decisions of the tar could shuffle the cards on the table.
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