ATA rankings and evaluation of the service provided to training institutions, valid or not? Tar is pronounced

With the introductory act of the judgment, the appellant requested the annulment of the documents indicated in the appeal through his lawyer in the part in which the score in the definitive classifications of the group of third-party personnel was corrected. ATA degree for three years. 2021/2023, considering that the service carried out in vocational training institutions is included in the application for participation in the call of the Ministry of Education no. 50/2021. The Lazio Regional Administrative Court has ruled in its judgment No. 07646/2022.

Legislation in regulatory matters

The TAR rejects the appeal and reconstructs the current regulatory framework. He points out that in accordance with Art. 4, ln 124 of 1999, with its own decree that will be adopted according to the procedure provided for in article 17, sections 3 and 4, of Law no. 400, the Minister of Public Education dictates a regulation for the discipline of the concession of annual and temporary substitutes in accordance with the criteria referred to in the following sections.

With a subsequent decree of the Minister of Public Education of 13 December 2000, n. 430 and related tables, the Ministry implemented the aforementioned regulatory provision without including, among the evaluable scores, those established in the training institutions. On the contrary, the above tables contain an in-depth examination of the qualifications that can be assessed.

Ministerial Decree no. 50 of 2021, today challenged, in the visas, expressly recalls the aforementioned decree no. 430 of 2000 – which allows to exclude that it is adopted in substitution of the previous one – and refers punctually to article 8, section 1, of the mentioned Regulation, that makes reference to a specific ministerial decree for the definition of the terms and procedures for submitting applications for inclusion in the rankings of clubs and schools and for the formation of the same rankings; Article 5, paragraph 6, of the aforementioned Regulations, which establishes the three-year validity of the school rankings of clubs and third level.

In detail, it is necessary to consider that the modalities of adoption of the regulation of 2021 and the references contained in the pertinent premises allow to believe that the decree of 2021 is executive with respect to the one of the year 2000, in the sense that it cannot make modifications nor exceptions. . to this, unless it is adopted in compliance with the aforementioned sections 3 and 4 of art. 17 of ln 400 of 1988.

There is no automatism between activity in public and private institutions

With regard to the comparability between the activities carried out in public and private institutions, the jurisprudence of the Council of State has already had the opportunity to exclude “absolute automatic equalization between the service provided to private schools and lending to public schools, especially with reference to the application of specific institutes that regulate the employment relationship of teachers ”(Cons. St., section VI, no. 2717/2020 and 4770/2020).
In any case, it does not seem disproportionate and illogical and therefore detrimental to the principle of equality that the score in question is not calculated in relation to those who have provided services in non-state bodies, as the selection procedures of the teaching staff of the said bodies. they are based on non-competitive criteria with the consequent existence of a difference between the functions performed in one institution and the other.

It should be noted on this point that the jurisprudence of the Council of State, in reference to insolvency proceedings, has consistently considered legitimate the differentiation between activities carried out in private and public centers for the purposes of accessing insolvency proceedings. Similar conclusions can also be drawn regarding the score, justifying the relative ratio with reference to the selection procedures provided in one case and the other as well as with reference to the different discipline and regulations that characterize the administrative and teaching staff in both cases. . .

In particular, the Council of State, in a consultative session, has already ruled against the exclusion of the service provided in vocational education and training centers accredited by the Regions, considering that the exclusion in question is not violates the principles of reasonableness. and equality. (This is, in particular, the aforementioned opinion No. 1089 of June 24, 2021).

This exegetical approach was confirmed by the subsequent opinion no. 451 of 2021, which dealt with the relationship between the service provided in private centers and that performed in public centers.
Recalling other rulings of administrative justice, the TAR states so in fact, there is a general principle of comparability between public school and peer school, derived from the homogeneity of the academic degrees awarded, the duration of the school years, the timetables, the programs and the training offer plan. However, this is not a sufficient or decisive reason to assert equivalence in the absolute sense and for all legal purposes.

Conclusions

On the basis of the considerations set out above, the Section ultimately shares the conclusion that the teaching services carried out in vocational training centers are not comparable to those being carried out in educational centers, which translates into in the non-illogical or reasonable nature of the relative exclusion.
This is to exclude that the principles of reasonableness and equality may be considered violated.
The work of the administration does not seem illegitimate even in terms of the teaching and operational staff for whom the equivalence has been made by express legislative provision, while as the executive nature of the decree in question has not highlighted. allows to expand the range of evaluable degrees. , nor do there appear to be any specific violations of the law.

Leave a Comment