With the introductory act of the judgment, the appellant requested the annulment of the documents stated in the appeal by his lawyer in the part in which the score in the final ranking of the third tier ATA staff group for the three year period was corrected. 2021/2023, considers that the service provided in vocational training institutes in the request for participation in the announcement of the Ministry of Education n. 50/2021. The Lazio Regional Administrative Court is set forth with sentence N. 07646/2022.
Legislation on the regulatory issue
THE TAR, rejected the appeal, and reconstructed the current regulatory framework. He notes that according to Art. 4, ln 124 of 1999, with a separate decree following the procedure provided for in Article 17, sections 3 and 4, of Act no. 400, the Minister of Public Education shall issue a regulation for the discipline of publication of annual and temporary substitutes in accordance with the criteria set out in the following paragraphs.
By subsequent decree of the Minister of Public Education of 13 December 2000, n. 430 and related tables, the Ministry implemented the above-mentioned regulatory provision without being among the evaluable scores drawn up in the training institutes. On the contrary, the above-mentioned tables contain an in-depth examination of the qualifications that can be assessed.
Ministerial Decree n. 50 of 2021, today challenged, in the Visas, expressly recalls the aforementioned Decree no. 430 of 2000 – which makes it possible to exclude that it is adopted to replace the previous one – and refers punctually to Article 8, Section 1, of the said Regulation, which provides for a specific ministerial decree defining the terms and procedures for the presentation of applications for inclusion in the club and school rankings and for the formation of the rankings themselves; Article 5, Section 6, of the above Regulations, which sets out the three-year validity of club and third-school rankings.
In detail, it must be borne in mind that the methods for adopting the 2021 regulation and the references in the relevant premises allow us to believe that the 2021 decree will be enforced with respect to that of 2000, in the sense that there are no changes or Can make exceptions. to it, except is adopted in accordance with the above-mentioned sections 3 and 4 of Art. 17 of ln 400 of 1988.
There is no automation between activity in public and private institutions
As far as the comparability of activities between public and private institutions is concerned, the case law of the Council of State has already had the possibility to exclude “the absolutely automatic balance between the service provided in private schools and that provided in public schools. , in particular with reference to ‘application of specific institutions governing the working relationship of teachers’ (Cons. St., Section VI, nos. 2717/2020 and 4770/2020).
In any case, it does not seem unreasonable and illogical and therefore detrimental to the principle of equality that the score should not be calculated in relation to those who have served in non-governmental bodies, as the methods of selection of teachers in the above-mentioned bodies . based on non-competitive criteria with the consistent existence of a difference between the functions in one institution and the other.
It must be borne in mind at this point that the jurisprudence of the Council of State, with regard to insolvency proceedings, has consistently considered the differentiation between activities carried out in private and public schools to be legitimate for access to insolvency proceedings. Similar conclusions can be drawn with reference to the score, justifying the relative relationship with regard to the selective procedures provided for in one case and the other, as well as with reference to the different discipline and regulation that the administrative and teaching body and both Cases characterized. .
In particular, the Council of State in a consultative session has already expressed an opinion against the exclusion of the service provided in the regions’ accredited vocational training and education centers, because the exclusion in question does not violate the principles of rarity. and equality. (this is in particular the so-called Avis No. 1089 of 24 June 2021).
This exegetical approach was confirmed with the later opinion n. 451 of 2021, which dealt with the relationship between the service and the private schools and that in the public schools.
In remembrance of other judgments of administrative justice, the TAR therefore confirms this In fact, there is a general principle of the comparability of public school and peer school, derived from the homogeneity of the excellent academic qualifications, the duration of the school years, the timetable, the programs and the plan of the training offer. However, this is neither a sufficient nor a decisive reason to affirm equality in an absolute sense and for all legal purposes.
On the basis of the considerations set out above, the section finally shares the conclusion that the learning services provided in vocational training institutes are not comparable to those carried out in the educational institutes, and thus of a non-illogical or unreasonable nature. of relative exclusion.
This is to rule out the possibility that the principles of rarity and equality may be considered offensive.
The work of the administration does not appear to be illegitimate, even with regard to the teaching staff and the operational staff, for whom compensation has been effected by express legislative provision, while, as has been shown, the executive nature of the decree in question does not allow the Expand range of assessable qualifications. , there also do not appear to be any specific violations of the law.