Jurisdiction over Elections of the National Federation of Biologists' Orders Central Committee: Commentary on Order No. 18651 of 2024

Recently, Order No. 18651 of 2024 has raised significant questions regarding jurisdiction over electoral disputes within the National Federation of Biologists' Orders. This ruling not only clarifies the competencies of the Central Commission for Healthcare Professionals but also offers an interesting reflection on compliance with Article 102 of the Italian Constitution.

Context of the Ruling

The central issue of the order concerns the validity of electoral operations for the election of the Central Committee of the National Federation of Biologists' Orders. Based on the combined provisions of certain laws, including Law No. 3 of 2018, the jurisdiction of the Central Commission for Healthcare Professionals has been extended. This implies that disputes relating to the elections of this Committee now fall under its purview.

• Extension of jurisdiction for Biologists' Orders
• Integration of the Central Commission by Biologist professionals
• Absence of violation of Art. 102 of the Constitution

Elections of the Central Committee of the National Federation of Biologists' Orders - Disputes concerning the validity of electoral operations - Jurisdiction of the Central Commission for Healthcare Professionals - Existence - Basis - Conflict with Art. 102 of the Constitution - Exclusion - Reasons. Following the extension to the Biologists' Orders - by virtue of the combined provisions of Articles 4, paragraphs 1 and 12, and 9 of Law No. 3 of 2018 - of the regulations under Legislative Decree C.P.S. No. 233 of 1946, jurisdiction over disputes relating to the validity of electoral operations for the election of the Central Committee of the National Federation of Biologists' Orders lies with the Central Commission for Healthcare Professionals (integrated by biologists pursuant to Article 1, paragraph 1, of Prime Ministerial Decree of October 14, 2021, as amended by Article 2 of Prime Ministerial Decree of April 28, 2023), without this constituting a violation of Article 102, paragraph 2, of the Constitution, as there has been no expansion of matters attributed to the pre-existing special judge, but only a re-perimeterization of the category of healthcare professions, resulting from the emergence of new demands for the safeguarding of the primary good of health.

Implications and Reflections on the Ruling

This order clarifies that the inclusion of biologists within the Central Commission does not entail an expansion of existing competencies, but rather a redefinition of the boundaries of healthcare professions. This is particularly significant in a context where healthcare professions are rapidly evolving, and jurisdiction must adapt to new needs that have emerged in the field of public health.

Furthermore, the order emphasizes the importance of maintaining a balance between different professionalisms and their respective competencies within the healthcare system, ensuring that decisions are made by those with in-depth knowledge of professional specificities.

Conclusions

In summary, Order No. 18651 of 2024 represents an important step in defining the competent jurisdictions in electoral matters for healthcare professions. It not only offers clarity on the competencies of the Central Commission but also highlights how new demands in public health require continuous evolution of the existing legal framework. Staying updated on these developments is crucial for professionals in the sector, as well as for ensuring the proper functioning of Italian healthcare institutions.