The sentence was issued a few days ago, but it is destined to “set a precedent”. It was written by the Council of State, after a previous decision by the Lazio Regional Administrative Court. The protagonist is a woman from Messina, who won the class teaching 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 inclusion in the ranking without reservation, the Ministry of Education and Merit did not follow up on the signing of the employment contract, even though a place had already been set aside and assigned in the Crotone area.
The ruling of the administrative judges had already stated that, in light of the consolidated position in the ranking and identification of the seat, “the appellant had fully achieved the good of life, therefore making a decision on the merits useless and declaring the appeal inadmissible due to a lack of interest”. The Administration, although appearing before the court, had not raised any objections or proposed an appeal, thus lending acquiescence to the teacher’s position. And here is the crucial passage to the Council of State. The lack of compliance with the res judicata by the Mim forced the professor’s defenders, the lawyers Santi Delia and Michele Bonetti, to promote a judgment of compliance, highlighting how “the administrative inertia constituted a clear evasion of the res judicata and a violation of the principles of effectiveness of jurisdictional protection, legality and trust”. Also relevant is sentence no. 6888/2024 of the Council of State: confirmed that the declaration of inadmissibility entails the full validity of the substantial effects of passing the competition and being placed on the role, even in the absence of a formal contractual stipulation. Therefore, administrative silence is not sufficient to cancel the rights acquired by the teachers who won the competition. Effects? Place set aside, location identified, contract to be signed. And the teacher can teach immediately.