There is no competition without appeal. letter



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sent by Mario Bocola – Our Constitutional Charter, to "art. 97 establishes the obligation to access employment in public administrations through a competition, except in the cases provided by law.

The completion of the competition must take place because it is therefore provided for by the Italian legal system and is a mandatory factor.

But the question we ask ourselves is this: what are the competitions if, after or during the completion phase, already leave the calls and those who should not be winners, rub their hands because they are aware that they will do it. the same?

This is what we have seen in the school world in recent years, when candidates who failed the bankruptcy tests and those who participated, even if they lacked requirements, were seen, addressing at ART (badisted by valenti and goliardi). lawyers), overturn the verdict and be either declared winner or even admitted with reserve, then overcome the competition and finish in the ranking of the merit of the winners.

It follows that any failure of the bankruptcy tests should in no way throw the despair of the non-admitted candidate, because sooner or later a case law will exist and if it is even a possible clbad action (in the where the wounded were numerous). In short, in Italy, no public competitions are known in recent years, but it is never certain to reach a natural conclusion, it is always possible to mix the sound with the sound of the brand cards.

That's what has already happened at school with the 2011 school contest, where there are still candidates waiting for the last award, and that's what's is currently pbading for the series of unsuccessful housekeepers still underway.

In fact, following the pre-selection test, in which anomalies were found on the questions raised or even technical malfunctions on the proper functioning of the computer stations, the administrative lawyers were immediately alerted to hear the appeals before the the part of the applicants, knowing that with a good dose of chicanes, codes and codicils can tick.

To this were added candidates from the Sardinia region, unable to attend the exam site due to bad weather, and asked the MIUR to repeat the written exam which will be repeated on December 13th. . In short, the Italian administrative case law never puts the word "end" in a public competition, but always leaves an opening, so that any bankruptcy is now a practice, you know how to start … but you do not know how that will end because the requests could last several years between the regional TAR, the regional administrative court of Latium and the State Council. In addition to the competition for heads of institutions, we have recently attended other administrative events involving members of the GAE (Graduating to Ephaustion).

Therefore, any type of competition is, on the one hand, a participation mechanism enshrined in the Italian Constitution and, on the other hand, a sure work for the administrative law lawyers who must test the practices of the applicants who consider that their rights of exclusion from the insolvency process have been violated. However in Italy … all the miracles are possible nowadays!

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