With an appeal for compliance upheld by the Lazio Regional Administrative Court (TAR) – Section III bis, another important victory has been achieved in the recruitment field and in protecting the right to permanent employment for a public administration worker already identified for the purpose of signing a contract, but inexplicably left without a position https://sgipi.utch.edu.co/gestion-investigativa/
The case concerns a professor who won the ordinary competition announced with DDG no. 85/2018, for the B015 competition class – Electrical and Electronic Science and Technology Laboratories, in the Calabria region. Despite full admission to the procedure thanks to a precautionary decree from the TAR and his inclusion in the ranking without reservation, the Ministry of Education and Merit never proceeded with the signing of the employment contract, despite a position having already been set aside and filled in the province of Crotone.
Ruling no. 15816/2023 of the Lazio Regional Administrative Court (TAR) had already held that, in light of the applicant's consolidated position in the ranking and the location identified, he had fully achieved his life's well-being, thus rendering a decision on the merits unnecessary and declaring the appeal inadmissible due to a supervening lack of interest. The Administration, although appearing in court, had neither raised any objections nor appealed, thus acquiescing in the professor's position.
A key case law precedent:
The Ministry's failure to comply with the res judicata forced the defense to initiate a compliance proceeding, highlighting how the administrative inertia constituted a clear evasion of the res judicata and a violation of the principles of effective judicial protection, legality, and trust.
Also relevant in this regard is ruling no. 6888/2024 of the Council of State, which specifically addressed the case, confirming that a declaration of inadmissibility entails the full validity of the substantive effects of passing the competitive exam and appointing a tenured teacher, even in the absence of a formal contractual agreement.
Attorney Michele Bonetti, representing the case along with Santi Delia, stated:
"This is a highly significant decision, which reaffirms the principle that administrative silence is not sufficient to nullify the rights acquired by successful teachers. The ruling's conforming effect is clear: the position is set aside, the location has been identified, and the contract must be signed."
The TAR's decision therefore orders the Administration to proceed without further delay with the signing of the professor's tenured contract, starting in the 2025/2026 school year, with the possible appointment of a commissioner ad acta in the event of persistent non-compliance.
A new ruling reinforces the case law supporting the rights of precarious teachers and competitive exam winners, adding another step in the fight against evasive practices by public administration.