LECCE – The stabilization of healthcare personnel prevails over the scrolling of the competition rankings: this is what emerges from a ruling published on 28 June by the Regional Administrative Court of Lecce (president Nino Dello Preite, rapporteur Francesco Baiocco) which affirmed this principle.
In essence, the procedures for stabilizing precarious healthcare personnel, carried out pursuant to the so-called Madia Decree of 2017 and subsequent financial laws, prevail over any other hiring procedure, including that of using competition rankings that are still valid and usable in the Puglia region.
With an appeal filed at the beginning of this year, some temporary professional administrative collaborators, classified among the eligible non-winners of a public competition announced by the ASL BAT, which can be used by other Apulian ASLs on the basis of an agreement reached at the regional level, have challenged the acts of the local health authority of Lecce relating to the stabilization of 17 units of temporary staff of the same qualification, authorized by the Puglia Region, claiming to have a priority right to the assignment of the related staff positions.
The TAR, accepting the defensive exceptions raised in the interest of some interested parties, defended by the lawyers Valeria Pellegrino, Luigi Quinto, Anna Maria Borgia and Grazia Chiarelli, as well as the administrations summoned (ASL Lecce with the lawyer Pierandrea Piccinni and the Puglia Region with the lawyer Francesco Maria Settanni), after having declared its jurisdiction, rejected the appeal.
Indeed, it has stated that the principle of the prevalence of the scrolling of the rankings currently in force, if it can be valid with reference to the alternative to the announcement of new competitive procedures (due to the public interest in containing expenditure), does not apply when the administration decides to proceed with the stabilization of fixed-term personnel.
In this hypothesis, it is the law itself that recognizes the power in question, with the aim of structurally strengthening the national health service by making use of the professional experiences of already trained personnel, moreover without further expenditure of public money, the personnel concerned having already been selected beforehand and hired with precarious employment contracts at the Health Service Bodies.
“The decision of the Regional Administrative Court of Lecce – underline the lawyers Quinto and Pellegrino – takes on particular value at a time in which the stabilization procedures for healthcare personnel introduced by the latest financial laws are still applicable and in consideration of the serious shortages of staff recorded in various health facilities belonging to the Apulian local health authorities”.
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