Filter semester

Medicine, Council of State urges Tar: 'Issues to be settled as soon as possible'

These are five ordinances that, while not upholding the plaintiffs' appeals, urge the administrative judges of first instance to rule. The early setting of the judgment on the merits, ministry sources explain, 'represents an ordinary procedural step'

by Rome Editorial Staff

 ANSA

3' min read

Translated by AI
Versione italiana

3' min read

Translated by AI
Versione italiana

The Council of State urges the Regional Administrative Court to rule on the "case" of the filter semester in Medicine, the new system of access to the faculty that came into force last year. It did so with five orders that, while not upholding the plaintiffs' appeals on the merits, share "the parties' wish that the dispute be settled as quickly as possible".

This was clarified by the second instance administrative judges in a note. The orders, in fact, "were expressly limited to urging the Lazio Regional Administrative Court to issue rulings in order to quickly settle the dispute.

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Only welcomed wish for a speedy settlement of the dispute

Translated, the rulings issued "did not uphold the interlocutory applications proposed by the applicants in the main proceedings, but, pursuant to Article 55, paragraph 10, of the Code of Administrative Proceedings, only accepted and shared the parties' wish that the litigation be settled as quickly as possible. The orders, which did not refer to any flaws in the deeds, did not therefore affect the course of the procedures and the effects of the contested deeds," it is stressed, "and only emphasised how the issues, concerning tens of thousands of interested parties, should be defined as soon as possible by a ruling, with the obvious aim of allowing the interested parties to make the most appropriate choices on their own future.

Appeals supported by Udu

The appeals, promoted by lawyers Michele Bonetti and Santi Delia with the support of the Union of University Students (UdU), contest in particular the changes introduced by the ministerial decree of 23 December 2025 after the holding of the filter semester examinations.

According to the plaintiffs, the change in the current rules affected the position of students already enrolled in the courses. Furthermore, it is contested that several students were excluded from university life after having been part of it for several months.

"Evident precautionary needs"

In justifying the decision, Palazzo Spada noted that "the disputed issues must be examined on their merits" and that the "precautionary requirements" connected to the position of the students involved were "particularly evident". However, the granting of the petitions does not entail immediate readmission to the courses, also in view of the advanced state of the academic year.

Mur: 'Reform structure not under discussion'

The decisions of the Council of State, according to sources in the Ministry of Universities, 'do not call into question the structure of the reform of the open semester of Medicine'.

The early determination of the trial on the merits 'represents an ordinary procedural step, which the Mur welcomes with a view to a speedy conclusion of the court proceedings. Any different interpretation only risks generating confusion and uncertainty among students and their families. There has been no change from what has already been established by the TAR and also confirmed by previous pronouncements of the Council of State".

The Tar decisions

The ministry's reference is to the rulings that administrative judges have already given in recent weeks. The Lazio Regional Administrative Court rejected the appeals relating to the modalities of the filter semester and, on 22 April, the Council of State ruled that "the contested order, which is amply motivated, resists the censures formulated in the precautionary appeal". And, then, that 'the censured system, outlined by Ministerial Decree No. 1115 of 2025, does not appear prima facie illogical or unreasonable'.

Tar and the Council of State, Minister Anna Maria Bernini told Il Sole 24 Ore a few days ago, 'have put an end to a distorted narrative', 'the regulatory framework and the new mechanism have been considered fully valid by the judges and the evidence regular'.

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