ASL Commissionership, appeal of former director general of Sassari health authority rejected

The TAR of Sardinia has rejected the request for suspension by the former general director of the ASL 1 of Sassari, Flavio Sensi, the first to appeal against the appointment of a commissioner for the health companies of the Regional Council

The Administrative Court deemed the grounds of the request to be unfounded, namely that Sensi would have suffered "serious and irreparable harm" from the resolution of 27 April , which appointed the extraordinary commissioners of the regional health companies, and which had the effect of dismissing the directors.

The appeal asked the judges to assume the illegitimacy of the regional law "in the part in which it provides for the generalized administration of the Sardinian health companies", referring it to the evaluation of the Constitutional Court.

For the TAR, however, "in the current state of the proceedings, the conditions for ordering the suspension of the effectiveness of the contested acts do not exist ".

The judges, the Region explains in a note, have therefore confirmed the effectiveness of the provision of the Council, also recalling previous orientations already expressed by the Regional Administrative Court and confirmed by the Council of State (section III, no. 479 of 2014), which considers that the regional law "in starting a reform of the system and outlining its stages with precision, provides, as a priority and essential element, the administration of hospital and hospital-university health companies " and the consequent revocation of the previous positions of General Director.

The TAR also considers the serious and irreparable damage to be "non-existent" because, in the balancing of interests, "the public interest, aimed at reorganising the regional health system, prevails over the merely economic interest of the appellant" .