The teacher has the right to be recognized, within the rankings until exhaustion, the score for the replacement service of the military service provided after the achievement of the qualification to teach. This was confirmed by the Court of Cassation (Labor Section, Ordinance No. 15467 of 03 June 2021).
The score for the civil service in the rankings
The Court had recognized, in the context of the rankings until exhaustion (ay.ss. 2011-2014), to a teacher, the score for the replacement service of the military service provided after the achievement of the qualification to teach. The Court of Appeal, referred to by the Miur, had embraced the approach. The Council of State (n.4028 and 4031 of 2009) had in fact confirmed the illegitimacy of the Ministerial Decree of 31 March 2005, which did not recognize to the teacher the evaluation of the military service performed, providing that the military service of conscription and substitute services assimilated by law were assessable “only if performed in constant appointment”, thus validating that this period of military service or the replacement civilian service is valid for all purposes.
Yes to the assessment of leverage even before taking on the role
The Miur appeals to the Supreme Court, which nevertheless recognizes, like the other two judges of merit, the teacher’s reasons. In fact, the civil service enjoys the equation with respect to the military service. According to the art. 485, c. 7, legislative decree n. 197/1994, relating to the evaluation in the school of the services provided, even before taking on a role, for career purposes, “the period of military service or by recall and the civil service replacing that of conscription is valid for all the effects”. Furthermore, art. 2050 of the legislative decree n. 66/2000, concerning the “evaluation of military service (therefore also of civil service, by virtue of the equivalence) as a title in public competitions” establishes that “the periods of actual military service, performed with the Armed Forces are evaluated in public competitions with the same score that the examining committees attribute for services rendered in civilian employment at public bodies “and that” for the purposes of admissibility and evaluation of qualifications in competitions announced by public administrations, the period of time must be considered to all intents and purposes spent as a conscript or recalled, pending employment relationship “.
The Ministerial Decree n. 44/2001 is illegitimate because it allows you to evaluate only the service rendered in constant employment
Along this line of interpretation, the general system, for the Supreme Court, must be reconnected to the school system, according to a basic principle such that the compulsory military service and the civil service equivalent to it are always usefully assessable, for the purposes of the career as well as of the ” access to roles, in every sector and even if performed in a constant employment relationship, to a no lesser extent than in public competitions or selections, than is provided for services provided in civilian employment at public bodies. Therefore, the legislation that provides otherwise must be disapplied, because it is illegitimate, allowing the evaluation of only the service rendered in constant employment, with respect to the rankings until exhaustion.