Avezzano Court orders the inclusion of a teacher in the ranking of the first band »Terre Marsicane

AvezzanoThe important sentence of the Court of Avezzano published with the reasons in these days recognizes the enabling value of the 24 credits to a Marsican teacher of physical and sports sciences from the I and II primary schools.

The professor had addressed the work section, through lawyers Salvatore Braghini and Renzo Lancia, in order to ascertain the enabling value of the degree together with the 24 credits in anthropo-psycho-pedagogical disciplines. and, at the end, applied to be included in the 1st band GPS, and in the 2nd band school ranking of the corresponding competition classes. These rankings are highly coveted because they are reserved for qualified personnel and therefore allow for an annual appointment.

The Labor judge, Antonio Stanislao Fiduccia, accepted the appeal, masterfully reconstructing the national and European regulatory framework. from Legislative Decree no. 59/2017, which, in development of Delegated Law no. 107/2017 (the so-called “good school”), established the new rules of access to future examinations, establishing as a requirement the possession of the specific degree of the competition category or the contribution of the degree and 24 credits.

If to access the examinations for the position of teacher it is necessary to be in possession of the degree or (alternatively) of the degree and the achievement of 24 CFU in the curricular modality (additional or extracurricular) in psychoanthropopedagogical disciplines and didactic technologies – observes the judge – From this a specific will of the delegated legislator must be extracted to define in the context of the delegated law the new meaning that is attributed to the term “qualification”.

That is, the legislature requires a specific requirement for access to all competitions for the hiring of teachers. and in establishing this requirement, it replaces the temporary qualification by 24 credits in specific scientific disciplinary sectors or three years of service, which allow access to examinations in all classes of competition accessible through the degree title.

The sentence, therefore, defines as illegitimate the conduct of the administration of the center, that did not allow to include the applicant to the I Band of the GPS and the II Band of the Ranking of the Institute, despite being in possession of a qualification according to the redefinition made by the delegated legislator (article 5, Legislative Decree no. 59/2017), especially because such a constitutionally oriented interpretation “allows to avoid the conflict of the regulatory community, that no no provides for no qualifications for teaching “.

In fact, according to the judge, in accordance with the European Directives on professional qualifications, implemented since 2006 by Italy, Access to the profession may be subject to the achievement of specific qualifications which, in turn, may consist of a specific degree or work experience.. The procedures defined as “enabling” by the Italian state – explains Dr. Trust me – on the other hand, they do not fall within the definitions of ‘professional qualification’ adopted by Directive 2005/36 / EC, since they do not represent, in the sense of that directive, ‘regulated training’, but a simple administrative procedure belonging to the scope of a procurement method implemented non-exclusively by the Italian State.

The sentence – says the lawyer. Salvatore Braghini – it is especially important as it returns coherence to an otherwise indecipherable legal and regulatory system, aligning it with the European framework, as it is not understood, otherwise, how to participate in a competition for the role with the 24 university credits introduced by law and then considered irrelevant for the purposes of their inclusion in the rankings for teaching, thus confusing the competition procedures, which aim at recruitment, and the enabling procedures, which do not have nothing to do with the contest “.

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