(ANSA) – PALERMO, APRIL 23 – He was excluded from the competition to become a carabiniere because he was obese. Against this decision, a young 19-year-old AG from Ficarazzi (Pa) filed an appeal with the Lazio TAR against the Ministry of Defense, assisted by the lawyers Girolamo Rubino and Daniele Piazza. The administrative judges, after requesting new verifications, accepted the defense’s arguments.
“The assessments carried out during the assessment of the psycho-physical requirements, even if they constitute a typical manifestation of technical administrative discretion, – the judges write – do not escape judicial review, where there are identifiable hypotheses of excess power due to misrepresentation of the facts and illogicality “. Hence the decision to cancel both the judgment of unsuitability and the ranking of merit of the competition, condemning the general command of the carabinieri to the payment of judicial costs. The young Sicilian will be drafted into the Carabinieri. (HANDLE).