L’assenza di potere amministrativo nel procedimento di sospensione del rapporto di lavoro per mancata vaccinazione: la sent. n. 64 del TRGA di Trento

THE ABSENCE OF ADMINISTRATIVE POWER IN THE PROCEDURE FOR SUSPENDING THE EMPLOYMENT RELATIONSHIP DUE TO NON-VACCINATION: THE JUDGEMENT NO. 64 OF THE REGIONAL COURT OF ADMINISTRATIVE JUSTICE OF TRENTO. With the judgement no. 64 of 2022, the Regional Court of Administrative Justice of Trento ruled on the application for annulment of some measures of the Prevention Department of the Provincial Authority for Health Services of the Autonomous Province of Trento, which ascertained the non -compliance of the vaccination obligation from SARS-CoV-2, addressed to the health professionals by a national decree (no. 44/2021). Adhering to an interpretative orientation already adopted in some administrative courts, the Regional Court of Administrative Justice affirmed that the disputes relating to the acts adopted by the local health authorities and by the professional bodies (in application of art. 4 of the decree no. 44/2021) fall within the jurisdiction of the ordinary judge. With this decision the Court has shown that it does not share the opposite orientation which ascribes this kind of contested measures to the jurisdiction of the administrative judge.