Provincial rankings of substitutesthe Court of Avezzano ordered the insertion of a teacher en first band from GPS considering that the possession of the 24 CFU is equivalent to the rating. TheLawyer Salvatore Braghiniwho attended the teacher, stressed the importance of the phrase.
Possessing 24 CFU is equivalent to qualification: sentence of the Court of Avezzano
The professor, assisted by lawyer Braghini, contacted the labor section of Avezzano’s court to find out the enabling value from Graduation together with the 24 CFU in anthropo-psycho-pedagogical disciplines and, consequently, to include them Top level GPS yen Second level school rankings for competition classes A048 and A049 (physical and sports sciences in institutes I and II).
The reasons for the sentence
With the sentence published these days, the judge of the Labor, Antonio Stanislao Fiduccia, accepted the resource meticulously reconstructing the national and eurounitario normative frame from the legislative Decree no. 59/2017, which, in development of Delegated Law no. 107/2017, established the new rules for access to futures competitionsproviding as a requirement the possession of the license specific about the competition class or the joint possession from Graduation and gods 24 CFU.
The judge noted the following: ‘If you apply to the competitions for the position of teacher to which art. 3, Legislative Decree no. 59/2017, it is necessary to have the degree or (alternatively) the Graduation and the achievement of 24 CFU in curricular form (complementary or extracurricular) in the psychoanthropedagogical disciplines and didactic technologies, from this a precise will of the legislator must be extracted to fully assimilate the joint requirement to which the art refers. 5, section 1, letter. a) and b), Legislative Decree no. 59/2017, for the teaching degree … in effect, the delegated legislator, when defining in the framework of the delegated law (article 1, section 110 of Law 107/2015 that requires the degree as a requirement for to access to competitions) the new meaning given to the term “enabling”, Has clearly clarified that those that, together with the title of degree, are in possession of the 24 credits of specific disciplinary sectors foreseen in the annex To of the Ministerial Decree no. 616/2017 or the completion of 3 years of service; thus, the concept of qualification – until now understood as the achievement of the teachings TFA, PAS and SSIS – has redefined with the achievement of 24 CFU in concrete disciplinary sectors’.
Basically, the legislature requires a specific requirement of access for everyone competitions for teacher recruitment 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.
Illegal conduct of the Administration that did not allow the inclusion in arm I and arm II of the GPS of the Ranking of the Institute
The judgment, therefore, defines as illegitimate the conduct of the school administration, which did not allow the inclusion of the applicant in the I Banda from GPS and in the Band II from Institute rankingsdespite being in possession of a qualification according to the redefinition made by the delegated legislator (article 5, Legislative Decree no. with community regulations, which does not provide for any qualification for teaching.
In fact, in accordance with Directives 2005/36 / EC and 2013/55 / EC, implemented with Legislative Decree no. 206/2007 and with Legislative Decree no. 15/2016 and by Ministerial Decree no. 39/1998, access to the profession may be subject to the achievement of specific qualifications which, alternatively, may consist of a training qualification or specific work experience; the defined procedures “enabling“For the Italian state, however, they do not fall within the definitions of”Professional qualification“Adopted by Directive 2005/36 / EC, as they do not represent, by virtue thereof, a”regulated training“, but a simple administrative procedure belonging to the scope of a procurement method implemented non-exclusively by the Italian State”.