Valditara: “Ensure educational continuity for students. Regulatory initiatives have already been activated to confirm the passing of the supplementary tests"
The solution is close for the 387 teachers who won the supplementary tests of the competitions announced in 2020 and who by virtue of the recent ruling of the Council of State n. 766/24 risk having their inclusion in the merit rankings revoked.
These are the candidates who were prevented from participating in the written tests originally scheduled by the Administration because they were unable to do so due to the restrictions imposed during the Covid-19 pandemic (suspension of the green pass). The first judicial rulings were in favor of the interested parties on the assumption that the objective impediment to participation in the competition tests could not penalize the interested parties. Therefore, in execution of the sentences, the administration arranged special supplementary sessions of the written and oral tests and proceeded with the inclusion in the merit rankings.
With sentence no. 766/24, the opposing Council of State's position was formed, according to which the epidemiological emergency situation from Covid-19, together with the consequent measures adopted to protect public safety, are not sufficient to overcome the principles of contemporaneity and contextuality of competitive tests.
Given the complexity of the interests involved, first of all that of guaranteeing educational continuity for students, the administration will not proceed to unilaterally terminate the employment relationships of these teachers during the current school year.
“We have decided to guarantee teaching continuity taking into account the interests of the students,” declared the Minister of Education and Merit, Giuseppe Valditara. “The Ministry has also already activated the appropriate regulatory initiatives to allow overcoming the critical issues due to the changed jurisprudential orientation which would make the supplementary tests passed by these teachers uselessly”, concluded Valditara.
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