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rankings precarious, the Commissioners of Tar Gelmini

Legal unprecedented in following appeals alternate penalized
The Court of Lazio by 30 days the ministry to carry out the orders of

EXCEPT Intravaia

Mariastella Gelmini

The Tar Lazio Commissioner minister Gelmini on rankings precarious. It 's the first time that happens, it shall inform the Anief who sponsored the actions of the deputies placed "in line" instead of "comb", the last update of the list of alternates. If within 30 days, the ministry will not implement the orders of the Administrative Court will come to Viale Trastevere a commissioner who will take up the matter. Meanwhile, on another Mariastella Gelmini Minister announced the adoption of a specific act that "healthy" the whole issue. But the Tar recalled that the interim orders circumventing the ministry has circumvented the Constitution and ordered him to pay the costs for teachers damaged.

The standoff on the rankings of temporary schools, affecting 500 000 teachers, is likely to blow yet another political case on the school. And to plunge into chaos the start of the school year. In light of the provisions of Tar and the State Council, part of the 8000 teachers who are granted entry into the role in August could be withdrawn in favor of his colleagues contend with more points.

same goes for the more than 100 000 alternates, appointed a few weeks ago, before the reopening of the gates. The number of those who, wrongly considered the inclusion in the queue in other provinces, they have turned to administrative justice is indeed very high: 7000 and 500, tells Marcello Pacific President dell'Anief (the National Association of Teachers and educators in training), and as many that have turned Hello President of the Republic to the time limits for appeal to the TAR had expired. In total, 15 000 teachers who could overturn all the appointments made two months ago.

Last April, Education Minister Mariastella Gelmini issued the decree for updating the lists of temporary workers, but with a new : blocked lists (In principle) for two years and the possibility of inclusion, but only in the queue, in three provinces in addition to membership. Although no one has ever spelled out, the measure was intended to protect the precarious often undermined in the northern regions of entries in the role and allocation of supply teachers from southern colleagues with more years of insecurity and with the most points. Not being able to move in another southern province, the precarious, only placed in the queue even if more points are appointed only after fellow natives.

detected the inconsistency, the Anief had immediately turned to the TAR, which on several occasions declared itself in favor of this thesis, for the inclusion of temporary "comb" that is, by the score and not the tail. But the Ministry of Education, say those involved, "last July issued a statement calling on the provincial and regional education offices not to comply with the orders of the judiciary administrative proceeding, pending the hearing of the State Council, the assignments of entries in the role and substitute "annual rankings according to the" main "and fishing just after the" code "," in defiance of every principle of meritocracy. " Judgement, the Council of State, who just over a week ago has confirmed the line of the TAR Lazio.

Only after the pronouncement of the State Council, on 5 October, the ministry sent a note to the provincial education offices and regional calling on leaders to enter the applicants "comb" but given the nature of the precautionary measures, " conditional "and without changing the appointments and alternates. But in judging compliance with the TAR of Lazio yesterday this procedure constitutes Viale Trastevere, in the opinion of the judges, "the misuse of power to circumvent the protective order granted" to the applicants. "Since in fact - are continuing the judges - who are, under the constitutional principles of effective judicial protection established by Articles 24 and 113 of the Constitution, the Administration school was (and is) required to give prompt and timely implement the above decision pending trial. "E" gets 30 days to "give precise instructions to the execution by the order in the same suburban school boards have the inclusion 'to comb applicants in the provincial rankings, placing them in the range of membership and with the score obtained and updated the list of current provincial registration ". But not only that: "in case of non-compliance with enforcement of this ordinance collegiate appointment from now a commissioner in the person of Dr. Luciano actus Cannerozzi de Grace, director general of the Civil Service, which - given the end of the course in vain thirty days - will being substituted to fulfill the judicial dictum (...), about preparing a special report on the activities in execution of the "-. It condemns the administration" in favor of the applicants to pay the costs of this phase supervision, which are paid in total € 5 000 €.

But the government appears to be trying the trick: an amendment that the minister will present at the Mariastella Gelmini into law of decree-law in question-saving precarious over the next days. Anief is also keen not to give up. "Justice still exists in the courts - Marcello Pacific states - we hope that Parliament would not intervene because, otherwise, the court must intervene with the laws, the Constitutional Court to put an end to the affair. "
( October 10, 2009 ) repubblica.it