(Finance) – The battle of theAnief to understand what went wrong in thealgorithm which decreed the school premises of many Italian teachers assigning them in large numbers to hundreds of kilometers from home despite the presence of vacancies much closer or which assigned professorships to candidates with very few points penalizing who was in the lead at rankings, with teachers forced not to accept professorships too far from their residence and then also cut off from substitutes through Mad: after the decision of the young union, dated October 2022, to present a request for “access to the software” to the Ministry of Education to understand ” what happened in the management of the algorithm that assigns substitutes”, the Anief he received the documentation from the Ministry of Education within the time established by law, but this did not help to understand much.
Therefore, still the Anief has formal product appeal to the tar, this time asking the judge for explanations on what Wired magazine defined as “an avalanche of errors” ai damage to school precarious workers: in the appeal, the trade union asked to have “access to the computer programs (software) used by the Ministry of Education for the compilation of the Provincial Rankings for Substitutes (in the acronym GPS) referred to in Ministerial Ordinance no. 112/2022 as well as for the assignment of fixed-term contracts by scrolling the same GPS”. The Tar agreed with the union.
“We are creating the conditions – he says Marcellus Pacificus, national president of Anief – so that the reasons that have produced tangible damage to so many precarious teachers and students, who have been denied didactic continuity, starting with support for disabled students, can come to the surface: for this reason we first asked for access to the software and then, not satisfied with the Ministry’s response, we appealed to the Ta: we need to understand what really happened in the management of the algorithm that randomly assigned tens of thousands of substitutes in too many cases. It is a clearly flawed system, which has produced too many errors, creating further litigation and precariousness. We pointed this out, in the autumn, first at the Budget Commission of Montecitorio which examined the Maneuver 2023 and then on all other possible occasions. As well as in court, where once again the answer to the problem comes from. The Anief law firm will shortly communicate the initiatives to be put in place”, concludes Pacifico.
At the end of February the Third Section Bis of the Regional Administrative Court for Lazio he gave his judgment, welcoming the thesis of Anief’s lawyers because “one cannot ignore the recent strengthening of the principle of transparency, operated with the aforementioned Legislative Decree no. 33 of 2013, in implementation of the delegation contained in art. 1, paragraph 35, of the law of 6 November 2012, n. 190 (Provisions for the prevention and repression of corruption and illegality in the public administration). In the same article, in the fifteenth paragraph, the transparency of the administrative activity is defined as “essential level … of the services concerning social and civil rights”, also with specific reference, as far as it concerns here (in paragraph 16), to “competitions and selective tests for personnel recruitment”, as well as “career progression””.
“Therefore – again according to the TAR consulted by Anief – the appeal must be accepted with obligation of the administration to allow access to the documents indicated in the application of the appellant party. Access must be allowed according to mode indicated by the administration which allow full protection of the position of the appellant, possibly through remote access to the server”. Therefore, the administrative judge accepted the appeal “in the terms of motivation, ordering the administration to order the presentation of the required documentation” and ordering “that this sentence be carried out by the administrative authority”.