February 2009

Undersecretary meets on the ninth cycle, Afam and permanent lists

(Measures for attending the ninth round of specialist schools for secondary education (SSIS) or two-year courses enabling second-level education to address (Cobaslid) - No 2-00293)

PRESIDENT . Mr Anthony Russo is entitled to present its interpellation No 2-00293 on measures for attending the ninth round of specialist schools for secondary education (SSIS) or two-year courses enabling second-level education to address (Cobaslid) (Vedi l'allegato A - Interpellanze urgenti ) .

ANTONINO RUSSO . Signor Presidente, in questi mesi abbiamo assistito a scelte devastanti del Governo in ogni comparto che possa riguardare l'istruzione pubblica. Hanno subito un duro colpo la quantità e la qualità dell'offerta formativa. I genitori in questi giorni ne stanno toccando con mano gli effetti.Vi è stato uno sfregio alla cultura solidaristica in materia di insegnamento e di sostegno ai soggetti svantaggiati, il taglio delle classi, la riduzione delle scuole, l'accorpamento delle materie di insegnamento, la cancellazione di 75 mila immissioni in ruolo, previste dal precedente Governo. Insomma, vi sono stati tanti provvedimenti which gave a signal.
The Minister Gelmini, in a few months, he had the strength to be a real natural disaster. That's right, though, that not all the blame to be attributed solely to Dr. Gelmini. Much of this disaster is attributed to the Minister Tremonti and Mr Berlusconi, that the two real culprits of the disaster, which agreed to make cash to the detriment of the school, cutting 8 billion euro, then spread on every choice regarding the school.
What is incomprehensible, beyond the cuts, which is another side (and this is the content of interpellation), which does not require additional resources, is treated with equal cynicism. It is a slope would claim, at the same cost for administration, compliance with rights guaranteed by the Constitution and rulings confirming its obligation to respect and implementation. I can not believe that there is a sort of whim, some form of urticaria in compliance with the law that the courts insist that apply. I do not know.
We, in particular, however, we think it is fair to comply with the rulings. Of these, I believe that some in the teaching can not be waived. The judgments of the TAR Lazio No 2799 and No. 3309 of 2001 state that the inclusion on the list should be a comb, according to a merit criterion. These cases have actually canceled the fourth and fifth band and decided that "sissini" were all in the third band, ie in a single band.
This government appears to ignore this dictate. Subsequently, there has been no ruling 168, 2004 the Constitutional Court, which include when approaching, it is, albeit indirectly, confirmed. It states that you can not violate Article 51, paragraph 1, of the Constitution, namely the principle of access for public office on equal terms.
We would like the Government, with us, join in adversity and in compliance with what the Government is doing the same, the Minister in the head, which is like a form of unequal treatment to citizens who have completed the same titles, and then identical rights. Those who have studied
una vita, chi ha maturato dei diritti e dei titoli, non può, soltanto perché, magari, vuole tornare a casa o perché si deve ricongiungere, dopo tempo, con la propria famiglia, con la propria moglie o il proprio marito, essere posto in coda soltanto perché vi è stato un capriccio, in occasione della conversione del decreto-legge n. 137 del 2008, di un partito specifico, della Lega, che ha impedito una garanzia che avrebbe evitato contenziosi, che già ci sono stati e che auguro non si verifichino a seguito, magari, della risposta che manifesterà la volontà del Governo.
Vi è una sentenza, che richiamiamo nell'interpellanza, la n. 10728 del 2008, che ha disposto l'annullamento del decreto del direttore General of the Ministry of Education, University and Research, in so far as Article 3, paragraph 2, states that you can not move the 24 extra points due to the attainment of approval for the graduate school for 'secondary education from a list to another.
There is another case, the No 10809 of 2008, provided the TAR Lazio, which annulled the decree of the Director General of the Ministry of Education, University and Research, in so far as is allowed only update your position and the transfer to another province, in a subordinate position to all sections.
is confirmed as expected the Constitutional Court referred to earlier, it would confirm what we discussed in the Commission and shared culture, reached a certain point, under pressure from the Democratic party (myself and some other component, in particular), confirmed the right observations were carried out in an advisory capacity with several organizations and associations (in particular, I recall what we were told dall'Anief, an association that fights for the rights of temporary teachers), it also confirms what the Committee of Nine, in the House, he had shared.
occurred, then, a point the foot of the League, of course, for reasons, I think, of sheer ignorance and even for some injury from spatial slices and who lives or comes from those spatial slices.
speak, in fact, of 240 000 persons, including some 160 000 of these teachers are insecure south, 28 000 are in the center and the remainder, about 50 000 are in the north.
do not know what we earn the league to prevent a majority, who also shared our observations, to ensure the possibility for a teacher to move from one province to another. I reported here, always in the conversion of the decree-law No. 137 of 2008, some dramas (I have mentioned, even some mail I had come).
In particular, there was a case of a policeman who, after 20 years, could return to Ascoli in his city, and had to decide whether to lose the job to his wife, why would later ended up in bottom of the list, or keep the family together. One of two things. In any case, I believe that this is not a fact that may share common sense, nor, a fortiori, the laws. This is evidenced by the fact that all the rulings of the Administrative Court, the Constitutional Court, including the Council of State, in this direction.
We, therefore, compared to what we said, we ask whether, in respect of this finding, ruled that, as we reported, compared with the crystallization of the positions of teachers included in the rankings, the Government intends to allow applicants displacements of points required, and if, in the new order of integration and updating of the lists are exhausted for the biennium 2009-2011, intends to provide the ability to move the scores from a list to another, even if already stated above, and move from one province to another without any penalty.
also asks what steps the Minister intends to have in order to ensure the inclusion, as obtained in the Battle of tabled at the Finance Act, the lists are exhausted, teachers who are trained in the current academic year in the spring and summer session ; add a reference to the summer session (which ends in September and not 30 June) because there may be grounds not related to the willingness of teachers who are to enable, for a day that can not lose the ownership of a right which was guaranteed and the Chamber said.
We, in fact, a guarantee to all such persons who have studied, you are empowered, have made great sacrifices with their families, have spent money, have become a heritage for our nation, and are treated as numbers to be cut.
We urge the Government to be more sensitive to demonstrate greater attention, to have recourse, as many say that to happen, because this can give rise to disputes, which would see the end I think the administration and succumb in any way delay the start of the school year. This is the content of our interpellation briefly and I hope that the Government shares our reasons.

PRESIDENT . Undersecretary of State for Education, Universities and Research, Giuseppe Pizza, has the right to respond.

GIUSEPPE PIZZA , Secretary of State for Education, Universities and Research . Mr President, as foretold in the ministerial note of 28 November 2008, is the measure the next few weeks to update the lists are exhausted from having to 2009-2010, with which you also will implement the provisions of Article 5 - bis of Decree-Law No 137, or a September 2008, ratified with amendments by Law No 169, October 30, 2008.
This provision, as is known, provides for the registration in question, the categories of teachers on time specified by law and establishes that they are placed in the position due to the marks awarded on the basis of qualifications held, nothing has, however, compared to insert mode in case of mobility between different rankings of provinces, much less than the ability to move the 24 additional points on licensing (SSIS, COBASLID, etc.) from a list to another. The ratio of the standard is to limit the increase in subscribers and the excessive volatility of the rankings in order to reduce the time it is out of the same and further ensure the expectations of our subscribers.
Accordingly, when approaching the issues raised are well known to the Ministry that is carefully evaluated, including under all the changing regulatory environment. Links from tomorrow there will be a first meeting with the trade unions.
Regarding in particular the decision of the TAR Lazio No 10728 of 2008, concerning the shift of the 24 extra points due to the achievement of SSIS for approval a list to another, I point out that the same ruling against the administration is appealed to the State Council with a request for suspension of execution.
As for the other ruling of the TAR Lazio cited when approaching, the sentence no 10809 of 2008, updating the position and the transfer to another province, given the enormous impact that its application would result in the system of recruitment, the Department is carefully considering for the consequential decisions.

ANTONINO RUSSO . Mr. President, I definitely can not be satisfied at least for the second part of the answer interpellation. I consider the first part of the answer that a little less carrot and the stick seen, even the bat, which is then used. There is fine as it is confirmed in this setting that we were able to wrest some with agendas, namely the inclusion in the lists are exhausted for 'siessini "and other categories of teachers, AFAM, teachers of musical instrument and so on. We want summer session was intended broadly, not just the first ten days of summer, ie not only to June 30, but it was considered until September, because, for example, to enable those who are in university science primary risk that has earned the title in September. Therefore I would like the government taking it into account, given the unanimous desire or almost of the House.
As regards the two cases cited, I'd do anything to prevent the government resorted to the State Council, also because I do not know if it's superficiality, insensitivity, of unconsciousness. I do not know what terms to use. However, the Government should already know its offices with the courts of appeal, the State Council, by order No. 260, 2008 and Ordinance No. 1508 of 2008 have already refuted the theorem of the crystallization of the positions of the candidates included in the rankings, confirming the fact of legal argument dell'ANIF.
All this will lead to what? Will lead to new litigation. You will see inevitably succumb administration, unless the Council of State did not want autocontraddire and does not want to contradict the judgments even in matters of the Constitutional Court. All this will inevitably lead to delays in starting the school year.
really do not understand the rationale of everything, especially if this is linked to a whim of a political force insensitive to the needs of a large proportion of the teaching population that regards - I repeat - 240 000 people in the flesh with its families and the relationships they have established with their trainees.
invite the government to really think about it because I do not think would end here, with an appeal by the government since the teachers, especially those precarious, they are not willing to accept a wrong and a soverchieria like this. I also believe that disputes should be for long and move even the opening of the school year.

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