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Consideration lawyer: the number one vote is not enough motivation to integrate

And 'This is the principle by which the Tar Lecce reiterated its continued guidance on forensic examination for certification stating, contrary to repeatedly held by the State Council, that the assessment of examination papers or competition in purely numerical form, is totally inadequate to incorporate the obligation to state reasons under Article. 3, l. August 7, 1990 No 241, in cases in which the general criteria of evaluation of the projects have been predetermined so as to confer on an important area of \u200b\u200bappreciation that must be "controlled" by participants in the selection process and ultimately the entire community.

Mr. Alfredo Matranga

ITALIAN REPUBLIC

IN THE NAME OF THE ITALIAN PEOPLE

The Regional Administrative Court of Puglia

Lecce - Section One

gives the following

JUDGEMENT

The action of general register number 1341 of 2008 proposed by:

BML, represented and defended by the lawyer. GR, with an address at GR in Lecce, via Templars 10;

against

Ministry of Justice, Attorney Examinations Commission c / o Court of Appeals Catanzaro, Commission Consideration of Attorney at the Court of Appeal of Lecce, represented and defended by District , legally domiciled in Lecce, Via F. Rubichi 23;

for cancellation after suspension of effectiveness of the minutes
No 85, announced on 16.6.2008 and prepared by the Subcommittee at its meeting on 03.07.2008 at the Court of Appeal of Lecce, in so far attributed to the three written tests the applicant's score low, totaling 81 points, the consequential
list of those admitted to oral tests, the 2007 session, the qualifying examination to the legal profession in relation to the Catanzaro Court of Appeals and to the extent that it excludes the applicant and note that you are communicating 12/06/2008 exclusion of any other act or
pre-ordained measure, related or consequential, in particular, the criteria laid down in that Subcommittee Minutes with No 16 11 .1.2008 for the evaluation of the projects.
Since the action with its annexes;
Since the entry of appearance in court of the Ministry of Justice;
Since the act of action brought by Attorney Examinations Commission c / o Court of Appeals Catanzaro;
Since the act of action brought by the Commission Consideration of Appeals Court Attorney at Lecce;
view of the briefs;
Taking all of the acts of the case;
Rapporteur in the public hearing of the day 25/03/2009 dr. Luigi Viola also heard, Mr.. Rascazzo for the applicant and Att. Pawn of the State Administration for resistant;
held and considered the facts and law as follows: FACT

The applicant took part in the 2007 session of the qualifying examination to practice as an Advocate at the Court of Appeal of Catanzaro, carrying out their written tests.
On 16.6.2008, received notice from the Court of Appeals refused admission of Catanzaro the oral tests, as a result of the attribution to examination papers by the Subcommittee III at the Court of Appeal of Lecce, the overall assessment of 81 (25 for the test of civil law, 28 for proof of criminal law and 28 to the court documents in civil law), following the exercise of the right of access, as also noted the assessment of examination papers had been made in terms of sheer numbers. The measures specified in
better epigraph were contested by the applicant: 1) breach of art. 3 l. 241, 1990, absolute lack of motivation, 2) violation in the evaluation of the evidence produced in bankruptcy, breach general criteria set out in the sitting of 20.12.2007 by the Central Commission, Ministry of Justice, ultra vires for erroneous conditions, lack of investigation, illogical, contradictory.
pleas on the merits of the government intimate.
the chambers on September 24, 2008, the Chamber granted, by order No. 845, the request for an injunction filed by the applicant, the Commission ordered, in a different formation, to proceed with the review of written tests, <>, by order of December 16, 2008 No 6692, the Fourth Chamber of the Council of State upheld the appeal, however, annulled the decision by the Administration and supervision the TAR, the belief that we can confirm its earlier interim decisions.
At the hearing on March 25, 2009 and then passed in the appeal decision.

LAW

The appeal is based and should therefore be upheld.
a long time now (and in particular, TAR Puglia Lecce, sec. I, June 14, 1996, n. 510), the jurisprudence of the Chamber follows a line of argument holds that the assessment of examination papers or in the form of competition purely numerical totally inadequate to incorporate the obligation to state reasons under Article. 3 of Law August 7, 1990 No 241, in cases in which the general criteria of evaluation of the projects have been predetermined so as to give the Commission a significant appreciation of space (space of appreciation is lacking, of course, in cases of evaluation criteria formulated with reference to predetermined response to questionnaires or other systems that are "guaranteed" evaluation) that needs to be " controlled "by the participants in the selection procedure and ultimately the entire community.
After the intervention of a major decision of the Constitutional Court (Corte cost. Ord. November 14, 2005 No. 419), the orientation has been confirmed by more recent judgments of the Section (TAR Puglia Lecce sect. I No 20 November 2008 3375, 21 December 2006 No 6055 and 6056), based on an argumentative structure that can be called very updated here as well, depending on motivation of this decision:
<> (TAR Puglia Lecce sect. The November 20, 2008, No. 3375, December 21, 2006, n. 6055 and 6056). The above mentioned motivational
framework is not changed by the intervention of the recent decision of 30 January 2009, n. 20 of the Constitutional Court, the decision of the Constitutional Court has, in fact, merely stated as an orientation that tends to be insufficient assessment only in terms of numerical proficiency tests has been well established in case law of the State Council and to exclude that the current structuring of the rules conflict with some constitutional principles (Articles. 24, 11 and 113 of the Constitution, relating only to '<>), obviously, as it is, therefore, a decision that can not be explained prior validity of the power of the court administrative interpretation of the rules governing this (interpretation which, as already noted, leads to consider totally inadequate, in light of the provisions of art. 3 l. August 7, 1990, No. 241 and the evaluation criteria set by the Subcommittee, an assessment of evidence of professional competence in terms of sheer numbers).
Ultimately, even this appeal must therefore be accepted and must be provided for the annulment of the contested acts, the court's evaluation of the projects will therefore be fully renovated, based on the criteria set out in the same sentence and by the Subcommittee with a different composition or a different Sub-examination.
The costs have to be borne by government and paid duty in the absence of expense, in total € 1.500,00 (millecinquecento/00).

PQM

The Regional Administrative Court of Puglia, Lecce Section I, finally given a decision on the hosts in the introduction, as motivation and, consequently, has the annulment of the contested measures.
condemns the government to pay duty to the plaintiff in the sum of € 1.500,00 (millecinquecento/00), by way of costs. Sort
that this sentence is carried out by the administrative authority.
Decided in Lecce in the closed session of the day 25/03/2009 with the participation of Judges: Aldo
Ravalli, President
Luigi Viola, Advisor, extenders
Massimo Santini, the author Referendary
THE PRESIDENT
FILED IN OFFICE
on 23/04/2009
(Art. 55, L. 27/4/1982, n. 186)
THE SECRETARY