Judgment No. 1880 of 2025: Precautionary Suspension and Legal Prerequisites

The judgment no. 1880 of January 27, 2025, represents an important ruling by the Court of Appeal of Ancona regarding the precautionary suspension of public employees. With this ruling, the judges clarified a fundamental aspect of the regulation of public employment, particularly concerning the legitimacy of precautionary suspension in the absence of an ongoing criminal proceeding.

The Regulatory Context

The central issue concerns the application of Articles 10 and 11 of the national collective labor agreement (c.c.n.l.) for healthcare, professional, technical, and administrative management, dating back to October 17, 2008. These articles establish that the precautionary suspension of a public employee is a discretionary power of the employer, but with an essential prerequisite: the existence of an ongoing criminal proceeding regarding the same facts contested in the disciplinary proceedings.

  • The precautionary suspension is optional and not automatic.
  • There must be a correlation between the criminal proceeding and the disciplinary one.
  • In the absence of such a prerequisite, the suspension is to be considered invalid.

The Meaning of the Judgment

Articles 10 and 11 of the c.c.n.l. for Healthcare, Professional, Technical, and Administrative Management of October 17, 2008 - Optional precautionary suspension - Prerequisite - Ongoing criminal proceeding for the same facts contested in the disciplinary proceedings - Absence - Consequences. The employer's power of optional precautionary suspension of the public employee, governed by Articles 10 and 11 of the c.c.n.l. for Healthcare, Professional, Technical, and Administrative Management of October 17, 2008, is contingent upon the existence of an ongoing criminal proceeding against the worker for the same facts for which the disciplinary proceeding was initiated, so that, in the absence of such a prerequisite, the suspension order adopted is invalid.

The Court has therefore reiterated that the absence of a criminal proceeding renders the suspension order null. This decision not only protects the rights of workers but also promotes a principle of legality and justice, preventing abuses by public administration. The ruling provides an important key to understanding the management of disciplinary situations, highlighting the need for a balance between public order requirements and workers' rights.

Conclusions

In summary, judgment no. 1880 of 2025 represents a significant step in defining the limits of the power of precautionary suspension against public employees. By recognizing the importance of the existence of an ongoing criminal proceeding as a prerequisite for suspension, the Court of Appeal of Ancona safeguards the rights of workers, thereby ensuring effective legal protection. It is essential that public administrations strictly follow these guidelines to avoid inadequate measures that could potentially harm individual rights.

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