In 2022, the Provincial Health Authority of Agrigento has announced a public competition to fill seven permanent positions for Medical Radiology Healthcare Technician, category D, as well as other professional profiles.
After the written test of the competition, some candidates not admitted to the practical test raised complaints regarding irregularities in the composition of the examining commission, which could have invalidated the entire competition procedure.
The excluded candidates, assisted by the lawyers Girolamo Rubino, Giuseppe Impiduglia and Mario La Loggia, proposed an extraordinary appeal to the President of the Sicilian Region to annul the Commission’s acts, suspecting violations of impartiality due to the political participation of some members of the Commission.
In particular, it was discovered that one of the commissioners had participated in municipal elections in the Agrigento area before being appointed to the Commission, and the President of the Commission had been appointed councilor in another municipality after his appointment.
These political positions could have compromised the impartiality required by current legislation, leading to the possible illegitimacy of the composition of the Commission and the resulting acts.
The lawyers also highlighted that the Commission’s evaluation criteria had been established only after knowing the names of the candidates, raising further doubts about the guarantee of impartiality of the process.
Faced with these issues, the CGARS (Sicilian Regional Administrative Guarantee Council) examined the case and, on 20 May 2024, issued a favorable opinion for the acceptance of the precautionary application, supporting the suspension of the insolvency proceedings. This opinion, made binding by the ruling of the Constitutional Court n°63 of 2023, requires the President of the Sicilian Region to officially suspend the competition.
This decision underlines the importance of integrity and impartiality in public insolvency proceedings, reaffirming the need for rigorous compliance with regulations to ensure correctness and transparency in the assignment of public roles.
