The Constitutional Court blasts six provisions of the 2021 Omnibus
The Consulta rejects several measures of the Region approved in November 2021
Six rules of the 2021 Omnibus law of the Sardinia Region are skipped. Five objections raised by the government to the provision have not been examined by the Constitutional Court, which has also decreed the inadmissibility of four other questions of constitutional legitimacy on the same law.
Rejected paragraph 3 of article 5 which provided for «requirements for access to management that do not comply with the national regulatory framework», i.e. to participate in procedures for access to management without possessing «the necessary requirement of a university degree, and to calculate, for the purpose of accruing the professional requirement of at least five years of service in the top management area or category, the length of service accrued in non-top management careers».
Also rejected was paragraph 19 of the same article which "establishes the exceeding of the spending limits relating to the ancillary economic treatment of regional personnel" and which therefore, according to the judges, "is not compatible with the achievement of the public finance objectives defined at national level ».
Paragraphs 25, 26 and 29 of article 5 were also constitutionally illegitimate. The first allowed, according to the Covid emergency, the transit of personnel with permanent contracts through the regional administration, «subject to the absence of charges for the regional finance», goes beyond the norms of the civil system; the same goes for the second paragraph which extended the fixed-term managerial positions assigned following public procedures in the Region system up to a maximum of two years; the third "intervening in the legal and economic treatment of regional administration employees, is in contrast with the rules which respectively establish that the individual employment relationships of public administration employees, including regional ones, are regulated by contract and that the fundamental and ancillary economic treatment is defined by the collective agreements".
The other provision annulled is paragraph 1 of article 20 which provided for the possibility for the Region to grant advances to the municipalities to cover the expenses inherent in the execution of the demolition and restoration measures, but without "the exact quantification and of the indication of the budget item".
