Marco Tortorella, lawyer of Consulcesi: “In the last 20 years, the instrument of recourse to administrative justice has allowed tens of thousands of students, excluded from the selection tests at the Faculty of Medicine, to enroll in courses, to study, to take exams and finally to graduate. Experience indicates that the students who entered with the appeal, perhaps also because they are more motivated, are among those who can boast an excellent academic career “.
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Good news for the army of excluded from the Medicine Test: not all is in fact lost. The dream of becoming a doctor can continue by filing a formal appeal against the Ministry of Education and the universities involved. In this way it is possible to enroll in Medicine with “reserve” and begin their training course as candidates who have passed the entrance test.
In the presence of ascertained irregularities or even simply demonstrating that you are suitable for the Faculty of Medicine, following the courses and taking the exams, it is possible in the end to be able to obtain registration in all respects to the desired faculty. The lawyer explained the functioning of what we can define as the “last resort” for students who are convinced that they have been unfairly excluded from the entrance tests. Marco Tortorella, Consulcesi lawyer, in a webinar entitled “Test Medicine and what happens now?” which in a few days already has over 10 thousand views.
“In the last 20 years, the instrument of recourse to administrative justice has allowed tens of thousands of students, excluded from the selection tests at the Faculty of Medicine, to enroll in courses, to study, to take exams and finally to graduate”, he reports the lawyer Tortorella. “Our experience – he continues – indicates that the students who entered with the appeal, perhaps also because they are more motivated, are among those who can boast an excellent academic background. This is a sign that the Closed Number system currently in force in Italy is not suitable for selecting the most deserving students ”.
Already in 2018-2019, a sentence of the Council of State had highlighted the first flaws in the Closed Number. “In particular, the Council of State deemed it unsuitable to use the accommodation capacity of the universities, ie how many students they can accommodate in their faculties, as the only parameter for establishing the places available in the various medical faculties. On that occasion, the Council of State highlighted the need to consider national needs in the choice of the number of places ”. The following year the available places increased by 1500.
“As if magically universities had discovered that they had more places from one year to the next,” Tortorella jokes. This ruling is also important because it consolidated the positions of those who had registered with reserve, who were thus able to continue attending courses and taking exams. “The recurring students – continues the lawyer – have shown that they are suitable because they have successfully progressed with their academic career”, Tortorella points out. On the other hand, it is recent, precisely a few weeks ago, the last provision of the State Council with which the appeal of some students, registered with reserve, and who are now in effect students of Medicine was accepted.
After the Medicine tests this year, based on the numerous reports received by Consulcesi, a record number of appeals is expected. “At this stage we are evaluating the numerous reports coming from candidates who participated and who were excluded”, reports Tortorella. “The reports concern various irregularities, such as incorrect questions and answers or the lack of control over the access of devices during the test, and we are verifying them one by one to try to understand which of these may be the subject of an appeal before the ‘administrative authority ”, he adds.
The counsel’s advice is not to wait too long. “The appeal starts by giving a mandate to the lawyer who then acts against the ministry and the universities,” explains Tortorella. “Through a precautionary petition in a reasonably short time, within 2-3 months, it is possible to obtain registration with reserve. But it is important – he underlines – to maintain the confirmation of the ranking, a burden that we have contested but which exists and which must be discharged periodically. In the meantime, it is possible to enroll in other faculties, perhaps similar to that of Medicine in anticipation of a future recognition of credits. If it is possible to obtain the precautionary order – he concludes – the advice is to do one’s best to demonstrate and confirm one’s suitability and thus consolidate one’s position ”.
October 14, 2022
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