how to do it and when is it convenient? The expert replies

A choice to be carefully considered

The avenue of appeal, however, must not seem like a simple lifesaver for those who have not passed the test: in resorting to legal means, in fact, it is necessary to be able to prove that they have been wronged or not have been put in the appropriate conditions to pass the test. barrage. Rules in hand, therefore, we must prove that not everything went as it should have. Furthermore, there are very specific terms for starting a path of this type. Who can appeal, then, and what are the deadlines? What are the odds of success?

The word to the expert

In order to proceed, you must first have the opportunity to view your work (available online from 24 September) and wait for the national ranking list to be published (28 September). But to better understand when and how to take legal steps, Skuola.net asked for the opinion of an expert: Michele Bonetti, a lawyer registered with the Rome Bar Association and, since 2016, attorney before the Higher Jurisdictions, as well as Legal ‘Union of University and the Network of Medium Students. In recent years, considering the collective appeals, it has assisted about ten thousand students, and is also ready to support the aspiring applicants of 2021. The test for the courses of Medicine and Surgery and Dentistry, this year, in fact, presented no few inconsistencies and a rain of complaints is expected.

What are the requirements or reasons for filing an appeal in case of non-admission?

“The reasons for the appeal may concern the incorrectness of some questions administered, even poorly formulated and unscheduled, the underestimation of the places banned by the MUR, or even peculiar events related to one’s personal situation, such as for example the canceled task, answers not counted, an error in the correction of the ballots “.

“Furthermore, illegitimacy may be found in the failure to adopt the legal protections for candidates with disabilities or SLD who, by law, must be adequately protected through the provision of compensatory instruments during the test. In relation to the peculiarities of the cases and to facilitate candidates on some specific aspects of the limited number access tests, we have prepared informative and public FAQs “.

While what are the times to appeal?

“The appeal can be filed before the Lazio Regional Administrative Court within 60 days, or within 120 days with an extraordinary appeal to the President of the Republic. However, already on 17 September 2021 (15 for veterinarians) some candidates, remembering the label code provided during the test, have already been able to see the anonymous results. From 24 September 2021, all candidates can view their work, the scores and the questionnaire with the answer and personal data sheets, by accessing the personal portal of Universitaly.it and therefore they will know with certainty how they answered the disputed questions; while on 28 September 2021 the nominative national ranking will be published with the combination of scores and locations, which will then be followed by periodic scrolling for assignments “.

How do you appeal?

“After consultation with a lawyer, possibly specialized in administrative law, and the conferment of the mandate by the client through the signing of a special power of attorney for disputes, the Professional draws up the appeal document and, after notifying the Administrations by means of the notification within the timeframe and in the manner of law, shall file it with the competent regional Administrative Court or, in the case of an extraordinary appeal, at the competent Offices “.

“The appeal can be presented, except in specific cases, by 29 November 2021 for the appeal to the Regional Administrative Court and by 26 January 2022 for the extraordinary appeal to the President of the Republic (this obviously applies to scores above 20, or the suitable of the rankings). Since this is an urgent appeal with a request for admission with reserve, it is advisable to proceed as soon as possible “.

What is the likelihood that the appeal will be upheld?

“In all cases in which the client requests a legal opinion from the Professional, he expresses himself on the validity profiles of the action and on any critical issues that may make the action more difficult. These are peculiar events, therefore different from case to case. Finally, there are profiles of imponderability and uncertainty inherent in the nature of the judicial action “.

There was talk of contested questions in this year’s test: what are they?

“On 10 September 2021, the Ministry canceled a question, Application no. 56 according to the ministerial order, for which it decided to assign full marks to all candidates, regardless of having answered / not having answered. In addition, he made 3 corrections to the Medicine assignment: Question no. 2 has undergone the change of answer, initially identified by the MUR as “2”, in the answer now considered correct “0”; for Question no. 21 likewise the correct answer is replaced from the initial one “A1 and A2” to the current one “none”); finally also for Question no. 23 the answer initially indicated by MUR “2400” has become the different one identified as “1800”. In our opinion, there are two other incorrect questions, questions no. 26 and n. 28 “.

What should those who want to focus on these ‘errors’ do to lodge an appeal?

“Candidates, together with the specialized professional, must understand how they answered these questions and if, by regaining the score of 1.50 and any penalty of 0.40, they exceed the last admitted to the outcome of any scrolling . To calculate the resistance test, in my opinion, a further score of 1.50, or even 1.90 must be considered, as not only the candidate was personally damaged by the illegitimate administration of the question, but also the other competitors they unduly obtained a bonus of 1.50 or 1.90 for each question “.

Are obvious errors, such as those that occurred this year, elements that help the appeal?

“When the Administration reaches the decision to cancel multiple questions of a test consisting of 60 questions, it is clear that it is exposed to the objections of all those children who, perhaps for a handful of points or even for a single question, fail to access the coveted course of study. The evidence of errors in the questions has been confirmed by expert reports from professionals who are experts in the subject matter of the test and must be shared by the Court to which it is decided to resort to assert its reasons “.

“Furthermore, this year there are particularly numerous reports on the inadequacy and erroneousness of the tests submitted to aspiring doctors, dentists, veterinarians, etc. In a historical moment like this, also due to the pandemic emergency and the pathological shortage of doctors in our country, it must be expected that, at least, respect for the principles of competition selection is guaranteed; Regardless of this, doubts remain about the appropriateness of a limited number such as the one we are facing today and which is not even suitable for selecting our future graduates “.

What should the appeals do: wait for the outcome, enroll in a similar degree course or something else?

“First of all, those wishing to consider resorting to the TAR must contact their trusted lawyer to analyze their situation in the light of the test result, which many can already know anonymously from the personal portal, waiting to view September 28 his name in the national ranking of merit “.

“Many students, pending the presentation and decision of the appeal, enroll in similar degree courses, or even free courses in Medicine, to obtain exams and recognizable credits in Medicine, Veterinary, etc. (There is no shortage of rulings by the TAR and the Council of State on the possibility of requesting enrollment in subsequent years from similar degree courses by transfer or change of course. Obviously, the presentation of an appeal does not preclude the possibility of enrolling in other faculties, closed or open number, so we recommend evaluating a course of study also similar to your aspirations “.

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