Physicians registered from 1980 to 1984 are entitled to a new aptitude test for registration as a dentist.

The Ministry of Health must then hold a new examination because the rule would be included enrollment for qualified graduates had not set deadlines for submitting the application. The Tar Lazio (Case No. 8857/09, filed Oct. 15) has thus upheld the appeal of a new doctor on the implied rejection of the administration kept the instance to establish the aptitude test for registration as a dentist of Reggio Calabria.

On July 31, 2008 Order Reggio disclose to the doctor, writing in 1988 under Law 409/85, removal from the register of dentists. In September, the doctor makes an application to time-formal launching of a new aptitude test for registration, but the request fell on deaf ears. The doctor turns to the TAR, gripping the intimate silence government (ministries of health and education, the order of Reggio Calabria) claiming a double outline of complaint: violation of Articles 3 and 97 of the Constitution and the Decree No. 386/1996 and excess misuse of power.

The college has now been proved right to the doctor and ordered to 2,000 euros in costs to the health ministry (of which 500 per applicant). The issue was already addressed by the third section with a decision confirmed by the State Council (No. 2556/2008): Decree 386 did not mention a deadline for the possibility of enrollment for students who entered during the years mentioned above.

Furthermore, with the entry into force of Directive EEC No 2005/36 confirms the obligation for the ministry to provide a new aptitude test, given that the exclusion of those who could not attend the first test or has not exceeded inconsistent with the constitutional principles of equality treatment and choice of work.

Source: Il Sole 24 Ore Health