The administrative judges suspended the calls, allowing the graduates of December 2020 and January 2021 to participate
The Christmas gift for many medical graduates came from the Lazio Tar. With the sentence of 24 December, in fact, the calls for admission to General Medicine courses for the three-year period 2021/24 were suspended allowing participation also to graduates of December 2020 and to undergraduates of January 2021.
An important milestone that also follows the first sentences of 2007 which allowed admission to competitions for access to specialization schools even for recent graduates. After the rulings of the Tar, the Miur also adapted, and even today, access to the competition for medical specializations is allowed to all graduates even the day before the test.
Only the Ministry of Health, on this point, had fallen behind preventing the participation of young doctors. Following some appeals, the Ministerial Decree was canceled in 2017 which, however, remained out of date due to the further change made by the qualifying degree. Although, in fact, the Lazio TAR, in 2017, canceled the Decree of the Ministry of Health of 2006 and the same Ministry then adapted by allowing the participation of medical graduates not yet qualified, today we return to the same situation. Although the degree is enabling, graduates of the month of December 2020 will not be able to participate in the competitions that will be held in January 2021. Lawyers Delia and Bonetti they turned to the TAR to carry on the principle that has recorded important results in recent years.
And the TAR of Lazio, accepting the theses of the lawyers (and also citing the precedents with which Delia and Bonetti obtained reason for the specialization schools) highlighted that“The unreasonableness of the choice of the Administration is obvious, since the possession of the qualification has a secondary importance for the purposes of the cultural qualification necessary to face the test and participate in the competition; it is instead clearly aimed at guaranteeing the safety and seriousness of the internship activity carried out during the specialization course, which is a professional medical activity. Consequently, it is unreasonable – and in any case exceeding the criterion of strict proportionality for the purpose – the exclusion from the competition of subjects who appear to be able to guarantee possession of the title on the date of the start of the activity “.
The reasoning applies in the same way for admission to the Specific Training Course in General Medicine, not surprisingly adopted by the Ministry of Health in conjunction with that of the MIUR in March 2006, but which has not yet been adequate, remaining affected by the same illegitimacy and unreasonableness in the provision contained in art. 5, which moreover discriminates between Italian doctors who must be in possession of the qualification at the date of submission of the application and community doctors who can register the qualification by the start date of the training course.
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