Cassation court dismisses MIUR appeal, upholding lower court's finding of abuse of fixed-term contracts for Catholic religion teachers.
Sintesi Legislator
Generato dall'IAThe Court of Cassation dismissed the Ministry of Education's appeal, confirming the lower court's decision that Catholic religion teachers suffered from an abuse of fixed-term contracts. The Ministry argued that the lower court incorrectly placed the burden of proof on teachers to demonstrate vacancies, but the court rejected this, citing established jurisprudence that the lack of triennial public competitions constitutes the abuse itself. Consequently, the court held that the lower court's findings were factually correct and not subject to revision on appeal.
Regesto Legislator
Generato dall'IAArt. 2697 c.c.; Art. 115 c.p.c.; The repeated use of fixed-term contracts for Catholic religion teachers without triennial public competitions constitutes an abuse of the framework agreement, shifting the burden of proof to the administration to demonstrate the legality of the vacancies.