There are many error found in the publication of GPS, from not including candidates in the rankings to incorrect scores and much more. Only about them Francesco Greco, chairman of the National Teachers’ Associationwrote a letter to Minister of Education Patrizio Bianchi in order to better manage the complex situation.
Use of provisional assistance
According to Greek it is necessary to proceed in a certain way: “Concrete options for job opportunities are at stake. It is necessary to activate, where the conditions exist, the so-called temporary help, generally stipulated in § 6, let. b), law of August 7, 1990 n. 241. The administration cannot limit itself in the face of remedial errors to responding with a generic and formal reference to the administrative judge, but has the specific duty to activate the preliminary investigation and invite interested parties parties to complete or provide clarifications regarding certificates, documents and statements that have already been submitted in the application forms completed on the Ministry of Education’s online Instances Online platform.”
For Chairman schools must intervene in relation to correctable errorsnot the administrative judges: “We receive reports of several errors in the provincial rankings of substitutes which could/should be corrected by the schools delegated to assess the applications because they can be remedied as they relate to statements or documents already submitted , already in the possession of the ‘administration, and yet the interested parties receive a formal reference to the administrative judge with reference to the finality of the rankings. It is obvious that such a response, regardless of the reasons for the requests, is completely arbitrary. In fact, escapes the provincial rankings of damages, despite being definitive, due to a very questionable choice of government, not the saviors prepared by the legal system in accordance with the principles of justice and good performance, which must always inspire action by Public Administration, ” He continued.
A specific case
Lapalissian, as reported Greek“This is the case with the form for the dissolution of the reserve for specialization for aid obtained no later than July 20 last. The interested parties declared by checking the box in section A.2 that the qualification already declared in the previous Section A.1 had been achieved after “Specialization courses referred to in Article 13 of Ministerial Decree 249/2010 or similar qualifications obtained abroad with selective admission and with a limited number”. It is hardly necessary to remember that these persons declare a degree that has just been obtained and that all access to the training courses for the specialization to be supported in our universities is currently carried out by a selective procedure and with a limited number of numbers, therefore the person who has obtained the qualification in Italy, by ticking box A.2, simply confirms what has already been indicated in box A.1. And yet, if this does not happen, due to his or the system’s fault, the victim will be deducted as many as 12 points”.
“In this case, there is a clear contradiction between the information in section A.1, namely that the specialization qualification was obtained at an Italian university following a training course with selective access (Ministerial Decree 249/2010), and the inconsistency of scores awarded for not having put tick the box in section A.2.”.
“In cases like this, but also in several others, the documentary discrepancy falls apodictic to the provisions of Law No. 6 “Duties of the person responsible for the procedure” provides that “the person responsible for the procedure: b ) establishes the facts ex officio, ensures the implementation of the actions necessary for this purpose and takes all measures for the appropriate and prompt completion of the investigation. In particular, it may request the release of statements and the correction of erroneous or incomplete statements or requests, and may carry out technical assessments and inspections and order documentation. Additional guarantees are prepared by DPR 28.12.2000 n. 445, art. 71, subsection 3, which provides: “If the declarations referred to in articles 46 and 47 show irregularities or omissions which can be demonstrated ex officio and which do not constitute lies, the official responsible for receiving the documentation must inform the interested party about this irregularity. The latter is obliged to regulate or complete the declaration; Otherwise, the procedure was not followed”.
“Therefore in the formation of placements for temporary workers, if errors were to be found within the aforementioned cases, this would not prevent, but rather require, the administration to activate its preliminary investigation powers in order to obtain correction of the information, considering that art. 6 pieces. 1, easy. b), in Act n. 241/1990 and the subsequent art. 71 of Presidential Decree 445/2000 empowers the administration to request the correction of erroneous or incomplete declarations and requests, and calls on interested parties to provide the clarifications necessary to overcome the situation of uncertainty in the factual and legal framework that arose due to the presence of obvious errors (see TAR Veneto Venice § 1a sentence no. 144 of 9.2.2017 and the Council of State § 5a no. 7975 of 22.11.2019) “.
“On the question, the administrative jurisprudence has also unanimously clarified that:” As far as public competitions are concerned, the administration has a special obligation to verify the correctness of the questions and to take measures by means of the preliminary investigation according to art. 6 of Act No. 241 of 1990, where there are only significant errors which can be easily deduced from the declared documents. This obligation to verify and control also remains in cases where the application for participation is submitted electronically (TAR Abruzzo L’Aquila Section 1a, sentence no. 361 of 19.10.2020; TAR Veneto Venice Section 1a, sentence no. 465 of 11.4. 2019) considering that if the error is recognizable according to the conditions set by the provisions of the Civil Code for negotiation actions, the administration may be required to make a diligent effort to change it independently (Council of State, section V, 20 June 2019) , n . 4198) TAR Abruzzo L’Aquila Sect. 1st point No. 148 of 25.3.2021″.
“It is also necessary to remember – he continues Greek – in the case discussed above, that art. 13 of Ministerial Decree 249/2010 refers to specialization courses that can only be accessed by qualified teachers, who are certainly not those who have recently graduated, and in any case with participants who do not all have qualifications. Even so, the ministry writes in a faq, which certainly cannot deviate from a ministerial decree, that “Anyone who has participated in one of the four specialization cycles on support must mark the entrance” Specialization courses as referred to in Article 13 of Ministerial Decree 249 / 2010 or similar qualifications obtained abroad with selective admission and with limited participation”. A question that will not fail to provoke a legal aftermath, given the assigned score (p. 12), can lead to a significant change in the ranking position. Under in any case, the reference to Article 13 of Ministerial Decree 249/2010 applies to Greco ″.
The role of schools
It often happens that some error obliged to complete the electronic form is also determined by defective wording or by indications or ambiguous interpretations expressed by the same Administration or consists of mere confirmation of deeds, declarations already made by the interested parties in another part of the application form.
“We consider it very important a note from the Ministry, which calls on the administrative offices and schools, which these days evaluate the applications, to meet requests for correction that relate to rectifiable errors, easily verifiable and verifiable, as they relate to declarations. already expressed, therefore with qualifications possessed and declared, which enhances the preliminary examination, as a crucial instrument of legal civilization, in accordance with the constitutional principle of the good performance of the public administration “, concluded Greek with the words addressed to white.