Green pass at school, the Council rejects the conflict of attribution raised by 27 thousand teachers and students opposed to the obligation

Green pass at school, the Council rejects the conflict of attribution raised by 27 thousand teachers and students opposed to the obligation
Green pass at school, the Council rejects the conflict of attribution raised by 27 thousand teachers and students opposed to the obligation

The attribution conflict between powers of the state promoted by the lawyer Daniele Granara – on his own and as a representative of 27,252 teachers, students and members of the school and university staff – for the omitted examination of a petition presented to the Chambers asking not to convert the decree-law 6 August 2021 n. 111, which introduced thecompulsory green pass in schools and universities. This was established by the Constitutional Court.

Granara, administrative lawyer and lecturer in Constitutional Law at the University of Genoa, had written presented on September 1st to the Chamber and the Senate the petition with which the applicants opposed the conversion of the decree-law, hoping that “deputies and senators reserve the consideration that the large number of subscribers requires for the petition. They have exercised a right guaranteed to them by the Constitution, as an instrument of direct democracy, and they will follow its evolution according to the constitutional forms and remedies ”, he had foretold. And in fact he had later raised a conflict of attribution before the court to complain to the lack of discussion of the deed, assigned on 6 September to the XII Commission (Social Affairs) of Montecitorio.

Pending the filing of the order, the press office of the Constitutional Court makes it known that the conflict has been declared inadmissible, both from a subjective and an objective point of view. The signatories of a petition, in fact – claims the Court – are not holders of one function attributed by the Constitution, but of a subjective right which could never find protection in the context of a conflict of attribution between state powers.

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