Failure to recognize the professional qualification of support teacher acquired in Romania, the TAR of Lazio agrees with a teacher from Agrigento and orders a new verification of the qualification.
The man, defended by the law firm Limblici Palumbo of Favara, in the province of Agrigento, lodged an appeal against the Ministry of Education (Miur) and contested how this limited itself to noting the absence of the certificate of professional competence issued by the Romanian Ministry, without requesting additional documentation from the interested party, without carrying out the necessary comparisons and without any assessment regarding the possibility of bridging any differences with specific compensatory measures.
The ruling of the Lazio Regional Administrative Court
The fourth bis section of the Lazio Regional Administrative Court with a sentence filed on 17 April, in summary, highlighted that the Administration’s conduct contrasts with the European Directive 2005/36/EC but not only that. As in fact reiterated several times at a national level by the judges of the Council of State in plenary session, with reference to the recognition of training qualifications obtained abroad, a concrete verification of the professional skills acquired and of the their suitability to enter the regulated profession.
The possible lack of necessary documents, established the administrative judge, cannot in itself be considered an obstacle to the recognition of the qualification, as the Ministry is required to verify the concrete level of professional competence acquired by the interested party in the country of origin .
However, the possibility of providing compensatory measures remains intact, i.e. additional activities that the Administration can arrange in order to fill any differences between the training possessed and that required on the national territory.
“Correct score, you enter service”, TAR accepts appeal against Asp
A few weeks ago the judges of the Administrative Justice Council accepted the appeal of a 47-year-old from Palermo who had participated in the competition based only on qualifications of the Asp of Palermo for the assignment of fixed-term positions as administrative assistant at the Lampedusa polyclinic and at that of Ustica. The candidate obtained a score of 10.27 which placed him in a useful position for the purposes of the competition. When assigning the assignment, the Asp decided to rectify the score by excluding him from the ranking. The CGA accepted the appeal of the candidate assisted by the lawyers Girolamo Rubino and Giuseppe Impiduglia. The administrative judges accepted the lawyers’ arguments and reformulated the ranking. In light of the decision, the candidate will be able to regain a useful position in the ranking and consequent entry into service.
