It is not a short sentence, as everyone expected, but an order that this evening rejected the request for precautionary suspension requested by the 173 health workers, including doctors, nurses and Oss, against the removal from work because they had not vaccinated against Covid. The opposition of the applicants' lawyers to the direct treatment prevented the short sentence, but the order written by the first section of the Sardinian TAR chaired by judge Dante D'Alessio, appears almost as an anticipation of the final judgment.
"The preliminary objections proposed by the respondent administrations - reads the ordinance - appear in the assessment of the precautionary phase susceptible to favorable appreciation and that they affect the admissibility (also) of the issues of constitutionality proposed in terms of the lack of interest in the appeal ".
Thus accepted the arguments of the parties who took sides in court against the no-vax health workers: Ats Sardegna (defended by lawyers Paola Trudu and Anna Sedda), the order of nurses (assisted by Salvatore Casula and Silvio Pinna) and the 'Anci with the mayor of Quartu, Graziano Milia, formed in court with the lawyer Carlo Augusto Melis.
The judges of the TAR thus rejected the precautionary petition, not granting the suspension and deeming "the conditions for suspending the contested measures" are inexistent. In the hearing this morning in the council chamber, behind closed doors, the lawyer Mattia Menotti replaced his Ligurian colleague Daniele Granara who follows the situation of the Sardinian no-vax paths and those of many other Italian regions that have presented similar appeals. The judges have not fixed the discussion on the merits of the appeal, so it could take months to have a date.