Viterbo – Case pending in the TAR, which in the meantime has denied him access to the documents of those admitted
Viterbo – (sil.co.) – Aspiring marshal student of the army declared unsuitable for “behavioral performance” appeals to the Lazio TAR against non-admission to the course, asking to defend himself access to documents relating to other admitted candidates, which however, they are denied.
The young man filed an appeal against the Ministry of Defense for the recognition of the right to have full access to what was requested on November 22, 2021, useful according to his lawyers to obtain the cancellation of the provision of the examining commission for the internship of the public competition, based on qualifications and exams, for the admission to the 24th two-year course (2021-2022) of 127 pupil marshals of the army, which assigned them a score of 17 (therefore lower than the minimum which was equal to 18) for the item “behavioral performance ”, Judging it consequently“ unsuitable ”.
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The interested party asked to be able to access deeds and documents not yet in his possession, including the documentation proving the publication of the evaluation criteria of the behavioral survey and the three sub-areas “external appearance and formal correctness”, “compliance with the constraints and of resources ”and“ dynamic aptitude assessment ”.
In addition, the documentation proving the notification of any disciplinary measures that have concerned him and the ranking of the end of the internship, in order of merit of the candidates, since only the alphabetical list of admitted candidates is available online, as well as the behavioral forms and communications of the internship outcome of the last four candidates in order of merit who obtained a score of 18/30 in the “behavioral survey” judging area.
THEThe appeal, as mentioned, was not accepted because, as explained by the Directorate General for military personnel, “the activities carried out during the internship are excluded from the right of access, in the selection procedures, to administrative documents containing psycho-information – attitudinal relative to third parties “.
The sentence underlines how the Ministry of Defense communicated the non-existence of a “ranking” of those admitted to the internship, as it is actually a “mere list” of suitable candidates.
The behavioral records of the other candidates also seem to have to be traced back to the concept of “administrative documents containing psycho-attitudinal information relating to third parties, whose abbreviations indicate, respectively,” physical capacity and resistance “,” performance in practical instructions “,” suitability to face school activities ”, the“ behavioral detection ”.
“In other words, these are elements that are subjected to a largely discretionary assessment by hierarchical superiors and that contribute to outlining the psycho-aptitude profile of the individual candidate and that is his overall personality according to his suitability to support a specific role in the context of the armed forces ”, write the administrative judges.
“This is an evaluation to be kept distinct from that of a medical-health nature that is the responsibility of the commissions which, in the selections in the military field, must issue a judgment of psycho-physical suitability”, he recalled.
“In fact, the ‘aptitude assessment’ constitutes an assessment of the character and personality of the candidate, aimed at a prognosis of compatibility and adaptability of this personality to a particular working context, such as the military one, characterized (as commonly known) by stressful activities, rigid hierarchy , rigorous discipline, exposure to unforeseen events and dangers, etc., which require specific skills not possessed by any ‘healthy’ subject and which, in any case, must not be confused with evaluations of a psychological or psychopathological nature, not relevant in this case given the suitability of the appellant under the distinct psycho-physical profile “.
“The judgments and behavioral records requested by the applicant therefore concern” psycho-attitudinal information “relating to third parties which, as collected in the context of a selective procedure such as the present one, must be considered excluded from access”.
The appellant argues in appeal that his interest in knowing the documents in question derives from his need to fully exercise his right of defense in the substantive case concerning his non-admission to the Marshals’ course.
“However, in the opinion of the college, the appellant cannot invoke this provision in his favor as it has not been explained and detailed by the same, as was his duty, the necessity and, even less the ‘indispensability’ for defensive purposes knowledge of documents to be qualified as sensitive, as they pertain to personal and character aspects of the other candidates and which, in any case, receive special protection directly from the law “.
September 19, 2022