Competitions, the TAR agrees with the rejected candidate: "He has the right to see the resumes of the other participants"


The candidate can access the curricula of the other participants in the competition: the Sic Tar has decided to accept the appeal of an Agrigento manager. A.C., 56, took part in the selection procedure for "the appointment and appointment of the general secretary of the Chamber of Commerce of Palermo and Enna". The competition procedure was divided into two phases.

Firstly, the examination commission was required to verify, for each of the candidates, the possession of the professional requisites and the skills necessary to perform the functions by examining the curricula produced by the candidates themselves.

The commission was subsequently asked to ascertain, through an interview, "the actual possession of the competences declared in its curricula by the first five candidates who had obtained the highest score in the previous phase".

Last February 1st, the Chamber of Commerce of Palermo and Enna published, in the "transparent administration" section of its website, the list of candidates admitted to the interview.

B.C. therefore, he learned that he had not been admitted to the second phase of the selection procedure. At that point, with a request for access, he asked the Chamber of Commerce of Palermo and Enna to be able to view and extract a copy of the documents and documents relating to the insolvency procedure, including the curricula of the other candidates, the minutes and the evaluation forms produced by the examination commission.

The person in charge of the procedure communicated, however, "the inability to fully access the requested documentation, due to the need to protect the privacy and confidentiality of the candidates".

The candidate, then, under the patronage of the lawyers Girolamo Rubino and Rosario De Marco Capizzi, turned to the Palermo Sic Court requesting that his right to have full access to the requested documentation be ascertained.

In the appeal, A.C. pointed out that "the participant in a public competition had a qualified interest in accessing all the documents of the insolvency procedure".

The same, citing various jurisprudential precedents, stressed that "this qualified interest did not meet any limitation connected to the need to protect the privacy and confidentiality of the other candidates".

The Tar of Palermo accepted the defense arguments of the lawyers Rubino and De Marco Capizzi and, due to the effect, ordered the Administration to allow him access to all the documents of the contest procedure.

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