TAR Lazio: Appeal against vaccine duty is clearly unacceptable. Download the sentence
The Logio Regional Administrative Court, with sentence 4453 of 24 August 2021, declared it “clearly unacceptable”,
Appeal granted School staff Against the obligation to vaccinate.
Reasons
The unacceptability of the appeal depends on the nature of the disputed law that led to the type of primary disciplinary evidence.
In fact, the decision argues, the legal system does not allow – in terms of the principle of separation of powers – a direct challenge to actions that have the force of law, and the administrative process is intended only to challenge administrative actions, including public actions. Has the power of law. The natural nature of the secondary nature. However, in the present case There is no contextual challenge to the utility processes that make up the concrete implementation of the mandate-lawDetermining the acceptability of an appeal is limited to such actions and may allow an accidental question to be raised Constitutional legitimacy.
This rule also provides that non-compliance with this rule will be considered by school and university staff From the fifth day of unreasonable absence and absence The employment relationship was terminated No wages or other fees were paid Or pay, however “.
Click on the following link to download the PDF of the sentence:Download Tamil
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