editorial staff 04 September 2021 14:00
The case comes from the Termini Imerese court and concerns a secondary school teacher currently serving at the Don Colletto Institute in Corleone. The man defended by the lawyer Vincenzo La Cava was recognized by the judges as the illegitimacy of the five-year stay at the intended office. The professor is the winner of the 2018 competition, hired for an indefinite period, and had proposed a precautionary action against the Ministry of Education to participate in interprovincial mobility of teachers for the school year 2021/2022 “he had submitted an application through the special web portal, with an attached application for participation notwithstanding the provisions of art.1, paragraph 3 (call provision that recalls art.13, paragraph 3, of Legislative Decree 59/2017, as amended by art. 1, paragraph 792, letter m), number 3), Law n.145 / 2018, which provides – to the detriment of teachers hired by regional merit rankings placed in the role in the year 2019-2020, and not also of those entered in role in 2018, although coming from the same competition “. The lawyer had highlighted in the proceedings how the law excludes the application of the minimum stay constraint and that the mother’s serious disability was subsequently certified and therefore the refusal to transfer is illegitimate. The Court accepted the precautionary appeal and declared the applicant’s right to participate in interprovincial mobility for the year 2021-2022 “As well as the right of precedence pursuant to art. 33, paragraphs 5 and 7, of Law 104/92, in favor of recurring in the aforementioned interprovincial mobility operations, in one of the requested locations following the order of preferences expressed indicated in the application duly submitted through the administrative procedure, in the absence of other winners with equal or higher qualifications, in the locations in question “.
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