As part of an extraordinary appeal to the President of the Sicily region, the Council of Administrative Justice gave a favorable opinion on the acceptance of the precautionary request for suspension of the competition for n. 7 radiology technician positions at the ASP of Agrigento.
The participants in the competition who had proposed the extraordinary appeal to the President of the Sicilian Region in order to obtain the annulment, subject to suspension, of all the actions carried out by the examining commission can therefore be considered satisfied at the moment.
The competition for 7 positions for Medical Radiology Healthcare Technician
In 2022 the Provincial Health Authority of Agrigento announced a public competition based on qualifications and exams, aimed at filling – on a permanent basis – several vacant positions within distinct professional profiles, including n. 7 positions of Medical Radiology Healthcare Technician, cat. D.
At the end of the first written test relating to the competition, the Asp. of Agrigento proceeded with the publication of the list of candidates not admitted to the subsequent practical test.
The extraordinary appeal to the President of the Sicilian Region
Consequently, some of the candidates found to be unsuitable for the aforementioned written test, complaining of some defects relating to the composition of the examining commission and leading to the possible lapse of the entire competition procedure, with the patronage of the lawyers Girolamo Rubino, Giuseppe Impiduglia And Mario La Loggiaproposed an extraordinary appeal to the President of the Sicilian Region in order to obtain the annulment, subject to suspension of all the actions implemented by the examining Commission.
More precisely, the aforementioned lawyers noted that substantial irregularities had been committed by some members of the Examination Commission, affecting the impartiality of the Examination Commission, or that declarations of the absence of causes of incompatibility had not been correctly made.
A councilor and an assessor as competition commissioners
In particular, the lawyers Ruby, Impudence And The Lodge they deduced as in the present case: one of the Commissioners, before being appointed as a member of the examining commission, had successfully taken part in the electoral consultations for the renewal of the City Council of a municipality in the Agrigento area; and again, that the President of the Commission, following this appointment, had been appointed Councilor in another Municipality of the Agrigento area.
Therefore, according to the defense of the candidates excluded from the competition, the appointments of these Commissioners should have been considered illegitimate, since the ratio of the reference legislation aims to guarantee the impartiality of the public administration from political influence, prohibiting individuals who hold political offices from being appointed as members of the commissions.
The patronage of the Rubino law firm
Therefore, the lawyers Ruby, Impudence and The Lodge they deduced that, in the present case, given the highlighted incompatibilities, the composition of the examining commission was evidently illegitimate, with the consequent illegitimacy of the acts carried out by it.
And again, the aforementioned lawyers also note that the evaluation criteria established by the Commission had been prepared after the examination Commission had become aware of the names of all the candidates admitted to carry out this competition; therefore, the risk of an incomplete or incomplete guarantee of compliance with the principle of impartiality of theact of the examining commission in fulfilling its duties.
The CGARS opinion
Well, following the request for an opinion from the Legal and Legislative Office of the Presidency of the Sicilian Region in relation to this appeal, the CGARS, sharing the complaints of the lawyers Ruby, Impudence And The Lodgewith an opinion dated 20 May 2024, expressed a favorable opinion on accepting the precautionary request for suspension of the insolvency proceedings.
Therefore, due to the effect of the aforementioned opinion rendered by the CGARS, now binding following the ruling of the Constitutional Court n°63 of 2023, the President of the Sicilian Region will have to adopt the decree with which he will order the suspension of the aforementioned insolvency procedure.
