Jurisdiction of the elections of the Central Committee of the National Federation of Orders of Biologists: commentary on order no. 18651 of 2024

Recently, order no. 18651 of 2024 raised important questions regarding jurisdiction over electoral disputes within the National Federation of Orders of Biologists. This ruling not only clarifies the competencies of the Central Commission for health professionals but also offers an interesting reflection on compliance with Article 102 of the Italian Constitution.

Context of the ruling

The central issue of the order concerns the validity of the electoral operations for the election of the Central Committee of the National Federation of Orders of Biologists. Based on the combined provisions of several laws, including Law No. 3 of 2018, the jurisdiction of the Central Commission for health professionals has been extended. This implies that disputes related to the elections of this Committee now fall under its competence.

  • Extension of jurisdiction for the Orders of Biologists
  • Integration of the Central Commission by biologist professionals
  • Absence of violation of Art. 102 Const.
Election of the Central Committee of the National Federation of Orders of Biologists - Disputes regarding the validity of electoral operations - Jurisdiction of the Central Commission for health professionals - Existence - Basis - Contrast with Art. 102 Const. - Exclusion - Reasons. Following the extension to the Orders of Biologists - by virtue of the combined provisions of Articles 4, paragraphs 1 and 12, and 9 of Law No. 3 of 2018 - of the regulations referred to in Legislative Decree C.P.S. No. 233 of 1946, the jurisdiction over disputes concerning the validity of the electoral operations for the election of the Central Committee of the National Federation of Orders of Biologists belongs to the Central Commission for health professionals (integrated by biologists pursuant to Article 1, paragraph 1, of the Prime Ministerial Decree of October 14, 2021, as amended by Article 2 of the Prime Ministerial Decree of April 28, 2023), without this constituting a violation of Article 102, paragraph 2, Const., since there has been no expansion of the matters assigned to the pre-existing special judge, but only a redefinition of the category of health professions, resulting from the emergence of new demands for the safeguarding of the primary good of health.

Implications and reflections on the ruling

This order clarifies that the inclusion of biologists within the Central Commission does not involve an expansion of existing competencies but a redefinition of the boundaries of health professions. This is particularly significant in a context where health professions are rapidly evolving, and jurisdiction must adapt to the new needs emerging in the field of public health.

Furthermore, the order emphasizes the importance of maintaining a balance between different professional skills and competencies within the healthcare system, ensuring that decisions are made by those with an in-depth knowledge of professional specifics.

Conclusions

In summary, order no. 18651 of 2024 represents an important step in defining the competent jurisdictions in electoral matters for health professions. It not only provides clarity on the competencies of the Central Commission but also highlights how new demands in public health require a continuous evolution of the existing legal framework. Staying informed about such developments is crucial for professionals in the sector, as well as for ensuring the proper functioning of Italian healthcare institutions.

Bianucci Law Firm