Mr. IN, originally from Agrigento, aged 45, serving in the Carabinieri, requested the Army, pursuant to law 266/99, to be re-employed in the corresponding functional areas of the civilian personnel of the Ministry of Defense and to continue to serve in Agrigento.
However, the General Directorate for Civilian Personnel of the Ministry of Defence, after having arranged for the transition into civilian roles of the Ministry of Defence, assigned the latter to the Maritime Military Arsenal – MARINARSEN – of Augusta, rather than to a service headquarters in the Municipality of Agrigento or immediately surrounding.
Therefore, the Carabiniere, considering the Administration’s choice to employ him in a province other than that of residence to be illegitimate, with the patronage of the lawyers Girolamo Rubino and Daniele Piazza, challenged the service transfer provision before the TAR-Palermo , requesting, subject to suspension, its annulment.
In particular, the lawyers Rubino and Piazza argued in court the illegitimacy of the contested provision due to violation of the participation guarantees, as the existence of possible impediments to the assignment to a service location in the Municipality of Agrigento or immediately neighboring, therefore not allowing the latter to participate in the preliminary investigation and preventing him, in fact, from presenting facts and arguments in his favor.
Furthermore, said lawyers noted the illegitimacy of the contested provision also in light of the criteria dictated by the Circular of 25 July 2023 of the Ministry of Defense itself, governing the transition into civilian roles of the Administration, according to which the soldier transitioning into civilian roles must be assigned at the headquarters where “served”.
Finally, the lawyers Rubino and Piazza also contested that the failure to suspend the contested provision, resulting in the transfer of their client, would certainly have caused serious and irreparable damage.
Well, the TAR-Palermo, with an order of 11 April 2024, accepted the precautionary request proposed by the Carabiniere and, as a result, ordered the General Directorate for Civilian Personnel of the Ministry of Defense to rule again on the request of the interested party aimed at obtaining the assignment at an office located in the territory of the Municipality of residence and that this takes place as part of a procedure in which cross-examination and compliance with the criteria indicated by the Circular of 25 July 2023 is ensured.
