Scuola - ora di cinquanta minuti - insussistenza dell'obbligo di recupero
School - now fifty-minute - insussitenza of the recovery
The duration of class time is usually, as it may seem obvious, for sixty minutes. However
can access that in schools where commuting is particularly popular among students, school schedules do not coincide with those of transport. For this reason (and, more generally, for all the reasons of force majeure) the duration of class time can be reduced to fifty minutes.
time reductions can only be decided on grounds of force majeure and are regulated by art. 28, paragraph 8, CCNL school division of the October 24, 2007, which, in turn, states that "... matter is governed by the ministerial circular number 243 of 22 September 1979 and 192 of July 3, 1980 ...".
Under Circular No 243, in the case of "... established social needs of students resulting from insuperable difficulties of transport ...", "... in the days of the week in which the class schedule is seven hours, the reduction may refer to the first two and last three hours ... "and" is not configurable any obligation for teachers to recover fractions of hours subject to reduction " .
Circular No 192, 1980, in reference to No 243, 1979, provides the opportunity to decide "... any reduction di orario anche nelle ipotesi non contemplate dalla predetta circolare”, estendendo la possibilità di riduzione e rendendola possibile sia per tutte le ore di lezione, sia per problemi diversi dal trasporto.
Nell'ambito delle varie controversie instauratesi per il rispetto del divieto di recupero, troppo frequentemente violato dai presidi, i vari Uffici scolastici regionali mantengono una linea abbastanza unitaria, sostenendo che l'orario scolastico è deciso dal Dirigente scolastico “...nella propria responsabilità gestionale, affidatagli da norme di legge (art. 25, del D. L.vo165/2001)” e che “... gli interventi del Consiglio d'istituto e del Collegio docenti...” sono meramente “preparatori”, to the decision of the head teacher.
In essence, the president does what he wants, even in defiance of the resolutions adopted by the various corporate bodies (when they are not the same principals to orient and guide decisions).
This is absolutely not true.
purpose of a proper legal framework-contract issue, appear two fundamental rules: the art. 25, paragraph 2, Legislative Decree 165/2001, which states that the exercise of decision-making powers of management and organization of the institution, must be "subject to the jurisdiction of collegiate education, and the art. 28, paragraph 8, of the current CCNL school division, where, again referring to the possible diminuzione della durata dell'ora di lezione, si stabilisce che “... la relativa delibera è assunta dal consiglio di circolo o d'istituto”.
Pertanto, in base all'assetto normativo e contrattuale sopra evidenziato e tenuto conto delle dovute precisazioni, si può formulare il seguente principio: l'orario scolastico è deciso dal direttore scolastico; tuttavia (contrariamente a quanto affermato dai vari USR) , in caso di accertate esigenze sociali degli studenti, derivanti da insuperabili difficoltà dei trasporti o da altri fattori, dietro delibera assunta dal consiglio di circolo o d'istituto, il preside può ridurre di dieci minuti la durata di tutte le ore di lezione, senza che possa the form of a repayment obligation on the part of teachers .
In summary and for our purposes, when there is a need insurmountable, the resulting reduction should not be recovered.
The fact seems trivial, but the daily experience teaches that the abuse of the instrument of recovery involves rather heavy consequences for teachers.
In some schools the principal was able to impose on teachers recoveries in excess of one hundred hours.
The methods of these recoveries, then leave a little puzzled: are, in fact, ordered to recover the activities that would have been payable to the fund, establishment, getting, into a significant, but unlawful, saving money.
the bargaining school has the task of curbing the appetite for money of the principals, who, too often, teachers passed on the costs of the cuts that the school is undergoing.
This article will be updated to the outcome of several court proceedings still pending.
Mr. Alberto Pylons - Ancona retelegale
Wednesday, July 28, 2010
Tuesday, July 27, 2010
Kidney Stone, Brown Discharge
Sinistro con cinghiali: chi paga? Commento a Cassazione, 8 gennaio 2010, n. 80
Accident boars: who pays? Comment on the decision of the Supreme Court No 80, 8 January 2010
With No Judgement 80, 8 January 2010, the Supreme Court, issued the decision under review, adding a piece get further the age-old question of damages caused by wild animals on public roads. The
left behind the court case was in 1999, in the province of Pesaro Urbino.
Without going into detail on the description of the facts, not relevant to that interest us here, the Court observed that:
art. 14, paragraph 1, letter f), L. June 8, 1990, No 142, gives the provinces the administrative functions pertaining to the protection of wildlife (1 st paragraph f);
art. 1, paragraph 1, L. February 11, 1992 No 157 gives the ordinary statute regions the task of issuing rules for the management and protection of all species of wildlife;
art. 1, paragraph 3 provides that the provinces do not implement the regional framework for delegation of the Regions, but by virtue of the autonomy given to them by art. 14, paragraph 1, read. f Law June 8, 1990, No 142;
Under national legislation, therefore, the provinces it is the explication of specific administrative and management functions within their territory.
The Supreme Court continues by addressing the specific region of Marche.
LR No. 5 January 1995 7 is attributed to the provinces ".... all the tasks relevant to wildlife management ... "such as creating an oasis of protection, nursery and arrest, the release of new leaders, development of technical operations and equipment capable of achieving the aims of environmental protection and increased species (Article 8), all activities "which can be higher or lower risk of interference with the animal's external activities in relation to how they are completed."
the risk that the wildlife may interfere with human activities and cause damage, therefore, depends solely from the control of the province. The same
LR 7 / 1995 also states that the provinces are required to carry out surveillance activities on the reserve, including by hunters and guards and arrange for the insurance policies for damages, without express limitation particular categories of harm (Article 34, paragraph 2).
In quanto inserita all'interno di una legge destinata a regolare i danni alle coltivazioni, quest'ultima norma non può essere considerata applicabile a qualsiasi tipo di danno; tuttavia, viene considerata dalla Corte di Cassazione “...significativa al fine di dimostrare che “...si riconosce che l'ente gestore del territorio, tenuto all'indennizzo e interessato alla stipula dell'assicurazione è la provincia...”.
Il principio generale enunciato dalla Cassazione in tema di responsabilità per i danni causati dalla selvaggina è, in definitiva, il seguente: “ è da ritenere che la responsabilità aquiliana per i danni a terzi debba essere imputata all'ente (Regione, Provincia, Ente park or Association) that have been specifically assigned, in each case, the powers of territorial administration and management of wildlife therein established, with decision-making autonomy sufficient to enable them to carry out the activity in order to manage the risk of damage to third parties that arise from such activities. The Law 7 / 1995 of the Marche Region is attributed to the provinces actually have almost all the administrative powers of the wildlife within their territory ...".
The ruling seems, therefore, put an end the age-old question of capacity to be sued for any damages to the road caused by wildlife.
However, with provisions Next to the facts of the proceedings, the issue has had important developments, it seems necessary to examine.
With art. 34a, LR 7 / 1995, added art. 15, paragraph 5, LR 29 July 2008, No 25, was determined to establish a fund for compensation from the State for damage to wildlife from the road "determining" the type of injury compensation claims and the procedures for the clearance "was referred to a separate resolution.
With DGR 1469/2008 (now replaced by DGR n. 1132, July 6, 2009), the Region Marche regulated the mode of compensation and damages payable, providing, however, significant limitations (50% of the damage, only accidents in which they are involved "ungulates" and where the contributory negligence of the driver can not be assessed in more than 20%) and considering only the payment of compensation.
also were not changed the duties and powers of the provinces in favor of legitimacy that the Court had laid the basis for its ruling.
should also be considered that, as stated in the report accompanying the DGR cited, so far the region's loss was still in question with an appropriate policy. The decision to establish the fund in accordance with Art. 34a, was taken precisely because of the enormous cost of insurance, which means that the region dropped its line of "liquidated damages" to take the road of 'compensation'.
In essence, with that measure the Regione Marche does not seem to have assigned responsibility for damage caused by wildlife to the road, but simply provides a special fund to compensate motorists, in the same way as it did with the art. 34, in relation to the damage to agriculture, where, for otherwise dealing with the damage caused to agricultural production and recoverable works prepared on farmland or grazing by wildlife, particularly protected from that, and the exercise of ' hunting, is un fondo regionale destinato alla prevenzione e ai risarcimenti”.
L'art. 34bis, L.R. 7/1995, pertanto, nulla sembra innovare rispetto al quadro normativo esaminato dalla sentenza 80/2010 della Corte di Cassazione, in quanto lascia inalterate le disposizioni che avevano portato la corte a decidere per la legittimazione passiva della provincia.
Se, al contrario, venisse considerata determinante la creazione del fondo al fine dell'attribuzione della legittimazione passiva, dato che la regione Marche limita il risarcimento al 50% del danno, si avrebbe il paradosso per cui metà spetterebbe alla Regione e l'altra metà alla Provincia di Macerata.
Inoltre, la Regione, se da un lato potrebbe auto-investirsi del dovere di indennizzare damages, the other would not have the power to change the general principles of tort liability in terms of supports on the basis of the decision by which the Supreme Court held liable to pay compensation to the province.
It is therefore considered, although with some doubt and pending a detailed assessment of case-law, who sued it is up to the Province of Macerata.
the Marche region can only be asked to pay dell'idennità provided by DGR 1469/2008 (now replaced by DGR n. 1132, July 6, 2009), with all the limitations set out therein (50% of the damage and only for claims with ungulates). Mr. Alberto
Pylons
Accident boars: who pays? Comment on the decision of the Supreme Court No 80, 8 January 2010
With No Judgement 80, 8 January 2010, the Supreme Court, issued the decision under review, adding a piece get further the age-old question of damages caused by wild animals on public roads. The
left behind the court case was in 1999, in the province of Pesaro Urbino.
Without going into detail on the description of the facts, not relevant to that interest us here, the Court observed that:
art. 14, paragraph 1, letter f), L. June 8, 1990, No 142, gives the provinces the administrative functions pertaining to the protection of wildlife (1 st paragraph f);
art. 1, paragraph 1, L. February 11, 1992 No 157 gives the ordinary statute regions the task of issuing rules for the management and protection of all species of wildlife;
art. 1, paragraph 3 provides that the provinces do not implement the regional framework for delegation of the Regions, but by virtue of the autonomy given to them by art. 14, paragraph 1, read. f Law June 8, 1990, No 142;
Under national legislation, therefore, the provinces it is the explication of specific administrative and management functions within their territory.
The Supreme Court continues by addressing the specific region of Marche.
LR No. 5 January 1995 7 is attributed to the provinces ".... all the tasks relevant to wildlife management ... "such as creating an oasis of protection, nursery and arrest, the release of new leaders, development of technical operations and equipment capable of achieving the aims of environmental protection and increased species (Article 8), all activities "which can be higher or lower risk of interference with the animal's external activities in relation to how they are completed."
the risk that the wildlife may interfere with human activities and cause damage, therefore, depends solely from the control of the province. The same
LR 7 / 1995 also states that the provinces are required to carry out surveillance activities on the reserve, including by hunters and guards and arrange for the insurance policies for damages, without express limitation particular categories of harm (Article 34, paragraph 2).
In quanto inserita all'interno di una legge destinata a regolare i danni alle coltivazioni, quest'ultima norma non può essere considerata applicabile a qualsiasi tipo di danno; tuttavia, viene considerata dalla Corte di Cassazione “...significativa al fine di dimostrare che “...si riconosce che l'ente gestore del territorio, tenuto all'indennizzo e interessato alla stipula dell'assicurazione è la provincia...”.
Il principio generale enunciato dalla Cassazione in tema di responsabilità per i danni causati dalla selvaggina è, in definitiva, il seguente: “ è da ritenere che la responsabilità aquiliana per i danni a terzi debba essere imputata all'ente (Regione, Provincia, Ente park or Association) that have been specifically assigned, in each case, the powers of territorial administration and management of wildlife therein established, with decision-making autonomy sufficient to enable them to carry out the activity in order to manage the risk of damage to third parties that arise from such activities. The Law 7 / 1995 of the Marche Region is attributed to the provinces actually have almost all the administrative powers of the wildlife within their territory ...".
The ruling seems, therefore, put an end the age-old question of capacity to be sued for any damages to the road caused by wildlife.
However, with provisions Next to the facts of the proceedings, the issue has had important developments, it seems necessary to examine.
With art. 34a, LR 7 / 1995, added art. 15, paragraph 5, LR 29 July 2008, No 25, was determined to establish a fund for compensation from the State for damage to wildlife from the road "determining" the type of injury compensation claims and the procedures for the clearance "was referred to a separate resolution.
With DGR 1469/2008 (now replaced by DGR n. 1132, July 6, 2009), the Region Marche regulated the mode of compensation and damages payable, providing, however, significant limitations (50% of the damage, only accidents in which they are involved "ungulates" and where the contributory negligence of the driver can not be assessed in more than 20%) and considering only the payment of compensation.
also were not changed the duties and powers of the provinces in favor of legitimacy that the Court had laid the basis for its ruling.
should also be considered that, as stated in the report accompanying the DGR cited, so far the region's loss was still in question with an appropriate policy. The decision to establish the fund in accordance with Art. 34a, was taken precisely because of the enormous cost of insurance, which means that the region dropped its line of "liquidated damages" to take the road of 'compensation'.
In essence, with that measure the Regione Marche does not seem to have assigned responsibility for damage caused by wildlife to the road, but simply provides a special fund to compensate motorists, in the same way as it did with the art. 34, in relation to the damage to agriculture, where, for otherwise dealing with the damage caused to agricultural production and recoverable works prepared on farmland or grazing by wildlife, particularly protected from that, and the exercise of ' hunting, is un fondo regionale destinato alla prevenzione e ai risarcimenti”.
L'art. 34bis, L.R. 7/1995, pertanto, nulla sembra innovare rispetto al quadro normativo esaminato dalla sentenza 80/2010 della Corte di Cassazione, in quanto lascia inalterate le disposizioni che avevano portato la corte a decidere per la legittimazione passiva della provincia.
Se, al contrario, venisse considerata determinante la creazione del fondo al fine dell'attribuzione della legittimazione passiva, dato che la regione Marche limita il risarcimento al 50% del danno, si avrebbe il paradosso per cui metà spetterebbe alla Regione e l'altra metà alla Provincia di Macerata.
Inoltre, la Regione, se da un lato potrebbe auto-investirsi del dovere di indennizzare damages, the other would not have the power to change the general principles of tort liability in terms of supports on the basis of the decision by which the Supreme Court held liable to pay compensation to the province.
It is therefore considered, although with some doubt and pending a detailed assessment of case-law, who sued it is up to the Province of Macerata.
the Marche region can only be asked to pay dell'idennità provided by DGR 1469/2008 (now replaced by DGR n. 1132, July 6, 2009), with all the limitations set out therein (50% of the damage and only for claims with ungulates). Mr. Alberto
Pylons
Wednesday, July 21, 2010
Subwoofer Enclosure Plans
Danni conseguenti a caduta, causata da un'autovettura posteggiata sul marciapiede. Tribunale di Camerino, n. 352, del 27 dicembre 2008
should be compensated for the damage caused by a fall caused by a car parked on a sidewalk - Comment to the decision of the Court of Camerino No 352/08 of 27 December 2008
the evening of the Epiphany in 2007, Mr. XXXXXX park their car on a sidewalk, Ms. XXXXXX, which ran this sidewalk, groped in the space left for pedestrians to pass nell'esiguo , collided in the rearview mirror, and fell from the sidewalk, trying to soften the fall, he procured a fractured right wrist. Capacity at the local emergency room, she was diagnosed with a fracture of the radius pluriframmentata metaepifisaria right-shift of the stumps.
Present on the premises and the Municipal Police, the owner of the vehicle, high contravention of Article. 158, paragraph 1, read. h) CdS.
Mrs. XXXXXX complain against the owner of the car, which was also the author of the unhappy parking.
The subsequent proceedings are held before the Justice of the Peace of San Severino Marche.
During the trial it was found that:
the car had been parked on the sidewalk by the defendant and blocked almost entirely, leaving only two small steps at the sides (all texts, including those put forward by the defense, and pictures taken immediacy of the facts and submitted by the parties, confirmed the circumstances);
Mrs. XXXXXX, preceded by two other people, tried to pass along the strip of sidewalk vacated by the car on the side facing the street (all texts agree);
the road in question was fairly and transited the stretch where the accident occurred was rather tricky since they are under the curve and then covered (all texts were in agreement) was, therefore, too dangerous, get off the sidewalk in
be careful where you put your feet, Ms. XXXXXX, elderly and with serious sight problems, the car bumped the rearview mirror right Mr. XXXXXX and fell from the sidewalk on the street, ruining the ground and obtain the fracture described above, with a disease of 234 days, during which endured a long hospitalization, and two measures of fixation (the agreed text, medical certification and medical-legal uncontested);
remaining permanent disabling sequelae by 8%. The PM concluded
for sentencing to a fine of € 650.00.
Ms. XXXXXX, constituted plaintiffs, contends that the rest of the damage. With
sentence no 9 / 08 of 9 May 2008, Justice of the Peace of San Severino Marche acquitted of the crime Mr. XXXXXX p. and p. art. 590 cp, "because the crime does not exist."
watched the judge, that the car being "firm and immovable, even without the driver ....... a damage report can not be attributed to road traffic ", that there was" ... no causal link between the event and the conduct of the accused "because" the machinery of these, even if parked outside the spaces but still strong, visible and in no way constituted a hidden danger and unpredictable "concluded therefore that" the event has occurred for the negligence of Mrs. XXXXXX ".
Mrs. XXXXXX appealed only to civil law, before the Court of Camerino. The case was discussed at the hearing on December 23, 2008.
With No Judgement 352 of December 27, 2008, by way of judgment appeal, the Court ordered Mr. XXXXXX to damages suffered by Ms. XXXXXX, qualifying at € 16,000.00, and to pay the expenses of providing assistance and civil party to both sets of proceedings.
The court of appeal put forward this important premise, which is worth quote in full:
"On the issue of culpable offense, in order to charge an event to a particular person is necessary to determine not only the existence of material causal link between the conduct of the (active or omission), and the event, but also the so-called causality of guilt, against which play a fundamental role in the predictability el ' avoidance of the fact. In fact, the fault-based liability does not extend to all events that are still derived from the violation of the rule, but it is limited to the results that the rule aims to prevent the same.
task of the court in this regard, in order to formalize the complaint, is to identify a specific rule with protective measures, a post to oversee the verification of an equally specific event, based on the knowledge that at the time of the creation of the rule, allowed to put the causal relationship between conduct and results feared. For the effect, for dell'addebito, the occurrence took place should be among those who own the standard of conduct tended to avoid carried out, and the realization of the so-called risk.
Moreover, to assert, as stated in Article 43 of the Criminal Code, which, for there to be at fault, the event must have been caused by the reprehensible conduct subjectively, indicates that the causative link shown not occur where appropriate conduct (the so-called lawful alternative behavior) would not have prevented the event.
You can therefore formalize the complaint only where the conduct diligence would certainly have prevented the outcome or even anti-juridical would lead to an appreciable chance of avoiding significant damage (see Cass., Sec. IV, 19512-08, to Judas Law No. 25, 2008, p. 93) "
After a quick examination of the facts contained in The investigation of First Instance, the Judges pass the examination of the causal link between the conduct of Mr. XXXXXX, and the harmful event.
Affirming that the issue of causation applicable to non-contractual liability is the same about the current crime, identify in the conduct found to sine qua non of damage "if the car had been parked on a regular basis, he would not would occur because the victim could have easily passed. "
Finally, it was excluded that cases have arisen that, pursuant to Art. 41, paragraph 2 cp, determine the break of causation (as identified above) when they are in themselves sufficient to establish the event as: "... it is natural that a person no longer can pass at a young age so uncomfortable in a situation such as that created by the accused and therefore also fall, injure. "
the date of the preceding sentence were not specific.
Mr. Alberto Pylons
should be compensated for the damage caused by a fall caused by a car parked on a sidewalk - Comment to the decision of the Court of Camerino No 352/08 of 27 December 2008
the evening of the Epiphany in 2007, Mr. XXXXXX park their car on a sidewalk, Ms. XXXXXX, which ran this sidewalk, groped in the space left for pedestrians to pass nell'esiguo , collided in the rearview mirror, and fell from the sidewalk, trying to soften the fall, he procured a fractured right wrist. Capacity at the local emergency room, she was diagnosed with a fracture of the radius pluriframmentata metaepifisaria right-shift of the stumps.
Present on the premises and the Municipal Police, the owner of the vehicle, high contravention of Article. 158, paragraph 1, read. h) CdS.
Mrs. XXXXXX complain against the owner of the car, which was also the author of the unhappy parking.
The subsequent proceedings are held before the Justice of the Peace of San Severino Marche.
During the trial it was found that:
the car had been parked on the sidewalk by the defendant and blocked almost entirely, leaving only two small steps at the sides (all texts, including those put forward by the defense, and pictures taken immediacy of the facts and submitted by the parties, confirmed the circumstances);
Mrs. XXXXXX, preceded by two other people, tried to pass along the strip of sidewalk vacated by the car on the side facing the street (all texts agree);
the road in question was fairly and transited the stretch where the accident occurred was rather tricky since they are under the curve and then covered (all texts were in agreement) was, therefore, too dangerous, get off the sidewalk in
be careful where you put your feet, Ms. XXXXXX, elderly and with serious sight problems, the car bumped the rearview mirror right Mr. XXXXXX and fell from the sidewalk on the street, ruining the ground and obtain the fracture described above, with a disease of 234 days, during which endured a long hospitalization, and two measures of fixation (the agreed text, medical certification and medical-legal uncontested);
remaining permanent disabling sequelae by 8%. The PM concluded
for sentencing to a fine of € 650.00.
Ms. XXXXXX, constituted plaintiffs, contends that the rest of the damage. With
sentence no 9 / 08 of 9 May 2008, Justice of the Peace of San Severino Marche acquitted of the crime Mr. XXXXXX p. and p. art. 590 cp, "because the crime does not exist."
watched the judge, that the car being "firm and immovable, even without the driver ....... a damage report can not be attributed to road traffic ", that there was" ... no causal link between the event and the conduct of the accused "because" the machinery of these, even if parked outside the spaces but still strong, visible and in no way constituted a hidden danger and unpredictable "concluded therefore that" the event has occurred for the negligence of Mrs. XXXXXX ".
Mrs. XXXXXX appealed only to civil law, before the Court of Camerino. The case was discussed at the hearing on December 23, 2008.
With No Judgement 352 of December 27, 2008, by way of judgment appeal, the Court ordered Mr. XXXXXX to damages suffered by Ms. XXXXXX, qualifying at € 16,000.00, and to pay the expenses of providing assistance and civil party to both sets of proceedings.
The court of appeal put forward this important premise, which is worth quote in full:
"On the issue of culpable offense, in order to charge an event to a particular person is necessary to determine not only the existence of material causal link between the conduct of the (active or omission), and the event, but also the so-called causality of guilt, against which play a fundamental role in the predictability el ' avoidance of the fact. In fact, the fault-based liability does not extend to all events that are still derived from the violation of the rule, but it is limited to the results that the rule aims to prevent the same.
task of the court in this regard, in order to formalize the complaint, is to identify a specific rule with protective measures, a post to oversee the verification of an equally specific event, based on the knowledge that at the time of the creation of the rule, allowed to put the causal relationship between conduct and results feared. For the effect, for dell'addebito, the occurrence took place should be among those who own the standard of conduct tended to avoid carried out, and the realization of the so-called risk.
Moreover, to assert, as stated in Article 43 of the Criminal Code, which, for there to be at fault, the event must have been caused by the reprehensible conduct subjectively, indicates that the causative link shown not occur where appropriate conduct (the so-called lawful alternative behavior) would not have prevented the event.
You can therefore formalize the complaint only where the conduct diligence would certainly have prevented the outcome or even anti-juridical would lead to an appreciable chance of avoiding significant damage (see Cass., Sec. IV, 19512-08, to Judas Law No. 25, 2008, p. 93) "
After a quick examination of the facts contained in The investigation of First Instance, the Judges pass the examination of the causal link between the conduct of Mr. XXXXXX, and the harmful event.
Affirming that the issue of causation applicable to non-contractual liability is the same about the current crime, identify in the conduct found to sine qua non of damage "if the car had been parked on a regular basis, he would not would occur because the victim could have easily passed. "
Finally, it was excluded that cases have arisen that, pursuant to Art. 41, paragraph 2 cp, determine the break of causation (as identified above) when they are in themselves sufficient to establish the event as: "... it is natural that a person no longer can pass at a young age so uncomfortable in a situation such as that created by the accused and therefore also fall, injure. "
the date of the preceding sentence were not specific.
Mr. Alberto Pylons
Tuesday, July 20, 2010
Watch South Park Gnomes
Mancata consegna alle RSU dei prospetti per la contrattazione - condotta antisindacale - Trib. Macerata, 23 dicembre 2009
School - MSW - Bargaining school - Advance information - protection under Art. 28, L. 300/1970 - Non-delivery of prospectuses - anti-union behavior - Remarks to the decree issued by the Court of Macerata, Section Labour, on 23 December 2009
1 - Background
1.1 - As part of union negotiations aimed at determining the criteria for the allocation of Fund resources by the school, the Cobas MSW, Professor XXXXXX, with communication April 14, 2009, asked the head teacher, Dr. XXXXXX, the delivery of "a comprehensible statement of additional funding on the 2007/2008 school year, providing names, type of activity, the hourly fee, the number of hours worked and total compensation."
The head teacher said the prospectus is not delivered on the ground (with a cryptic statement to say the least) non-existent due to legal impediments the protection of sensitive data (Legislative Decree 196/2003).
By letter of 22 May 2009, the provincial representative of the applicant union, Professor XXXXXX, called the DS and distrusted "to deliver to the RSU school a statement containing the names of persons who in ego. S. 2007/2008 have carried out additional paid the POF with the bottom of the school, activities and hours performed and remuneration paid as required by art. 7 of the National Collective Bargaining Agreement in force. "
The principal gave no response to the legitimate union demands above and yet the deadline for the conclusion of the negotiations the school had long passed.
The story was not an episode isolated and was symptomatic of how, until then, the DS had prevented the RSU (and in particular to Professor XXXXXX) any possibility of planning, monitoring and verification in order to manage the fund the school and, more generally, prevented the holding of a proper bargaining union activity.
fact, already with the previous decree was declared unconstitutional by the Court of Macerata the conduct of Professor. XXXXXX, lies in not having convened a meeting of the RSU COBAS for discussion and conclusion of the contract school.
Furthermore, in a completely arbitrary way, the principal arranged to assign duties paid from the fund, establishment without the necessary prior negotiation with the trade unions.
2 - Right
2.1 - Reference standards
The Statute of Workers, Art. 28, the opportunity for local organizations of national trade unions, to appeal to the court "if the employer engages in conduct designed to prevent or limit the exercise of freedom and trade union activity ...."
2.2 - References contractual
Article. 6, No. 2, Lett. b) g) of the Negotiable school division, published in suppl. ord. the Official Gazette 292 of December 17, 2008, provides that "are matters of information prior year [...] the plan of Overall resources for the additional payment, including the source of non-contractual "," all subjects of bargaining "[...].
The letters h), l) and m) provide that "are matters of bargaining [...] the procedures for the use of teaching staff in relation to educational programs and to plan activities and mode of use of personal Ata in relation to its plan of activities delivered by DSGA, felt the same staff ...", "the criteria for the allocation of Fund resources by the school and the allocation of additional compensations under Article. 45, paragraph 1, of Legislative Decree no. 165/2001, teachers, Ata and education, including fees related to projects of national and Community "and" criteria and procedures for the organization of work organization and the articulation of the teaching staff, educational and Ata, and the criteria for the identification of teaching staff , Ata to be used in education and paid employment with the school fund. "
Sub-paragraph 3, states that "the information [...] are provided during special meetings, together with the documents of reference."
Paragraph 4 states that "on matters which affect the orderly and timely start of the school year, all the procedures provided for in this article shall be completed on time by the Director General for regional issues affecting the organizational structure and, for others, in a timely manner to ensure the timely and effective start of classes. "
In paragraph 5, states that labor relations within the institution must be based on criteria of "fairness, cooperation and transparency".
Article 47 provides that the assignment of specific responsibilities to teaching staff, referred to in paragraph 1, lett. b) of that rule, "is made by the head teacher in accordance with rules, policies and fees established by the institute under contract the plan of activities. "
With specific reference to the Marche Region, art. 17, paragraph 6, of decentralized regional collective agreement of 19 December 2008, provides that "in order to allow trade unions the effective exercise of rights to subsequent information, [...] the head teacher is required to deliver to the RSU and the trade unions with title, summary schedules of the use of the fund of the school, with the names, activities, schedules and commitments for compensation. " Article. 12 provides that "the negotiations will conclude the school not later than November 30 of the school year."
2.3 – L’art. 47 CCNL comparto scuola prevede, oltre a quanto sopra, che gli incarichi specifici assegnati al personale ATA “comportano l’assunzione di responsabilità ulteriori…” e lo “… svolgimento di compiti di particolare responsabilità, rischio o disagio, necessari per la realizzazione del piano di offerta formativa…”; detti compiti rivestono particolare importanza, in quanto “legati all’assistenza alla persona, all’assistenza agli alunni diversamente abili e al pronto soccorso”.
Ciò giustifica ampiamente il penetrante controllo delle RSU, previsto dalla contrattazione collettiva, nella definizione delle modalità, dei criteri and salaries related to these tasks.
As required by the Articles. 6, paragraph 4, and 12 CCNL, CCDR, on 30 November 2008, the head teacher should have concluded the contract on the establishment of the positions in question, however, the school year comes to an end and the workers continued to hold the specific tasks without there being a formal transfer, let alone, was made possible in the proposed bargaining on the procedures for implementation, eligibility criteria and their salaries, it is clear the extreme compression of the Freedom of Association made from the DS, which is compounded by the importance and sensitivity of the matter. The staff of the Institute
ATA also place these delicate tasks, but substantial uncertainty and irregularity of the situation.
2.4 - The rationale of the provisions of art. 6 of the National Collective Bargaining Agreement, which, in addition to general references to cooperation, fairness and transparency in the system of industrial relations, requiring the delivery of the documentation relating to the RSU to the subjects of bargaining institution (confirmed by Articles duty. 17, paragraph 6, and CCDR 9, CII) is to put the RSU in a position to verify the correct and effective implementation of what was prepared in the previous year, and to ensure the changes to what is found to be poorly designed or implemented.
The failure to deliver the detailed tables, showing, for each worker, the functions performed, the hours allocated and the salaries received In school year 2007/2008, did not allow any verification RSU on the validity of the previously established and its effective implementation.
The decision not to deliver the reports in question prevented, or at least hindered the smooth running of the union negotiations.
3 - Decision
Welcoming the action brought by the provincial representative of Cobas, the judge declared the work of Macerata "of the anti-union conduct required by the Headmaster," ordered "the cessation of such conduct "and to enable access to documents and provide for the issuance of copies of statements required by the RSU, further, order the holding of solid waste for the delivery of such documentation.
More generally, ordered the DS to "activate the negotiation with the trade unions to manage the activities to be covered under contract to school."
The measure followed a few years a similar decree, issued by the judge of the work of Camerino, who, also on appeal by COBAS - Committees of the Basic school had punished the same conduct engaged in by a principal of an institution higher education site in the town of San Severino Marche.
Mr. Alberto Pylons
School - MSW - Bargaining school - Advance information - protection under Art. 28, L. 300/1970 - Non-delivery of prospectuses - anti-union behavior - Remarks to the decree issued by the Court of Macerata, Section Labour, on 23 December 2009
1 - Background
1.1 - As part of union negotiations aimed at determining the criteria for the allocation of Fund resources by the school, the Cobas MSW, Professor XXXXXX, with communication April 14, 2009, asked the head teacher, Dr. XXXXXX, the delivery of "a comprehensible statement of additional funding on the 2007/2008 school year, providing names, type of activity, the hourly fee, the number of hours worked and total compensation."
The head teacher said the prospectus is not delivered on the ground (with a cryptic statement to say the least) non-existent due to legal impediments the protection of sensitive data (Legislative Decree 196/2003).
By letter of 22 May 2009, the provincial representative of the applicant union, Professor XXXXXX, called the DS and distrusted "to deliver to the RSU school a statement containing the names of persons who in ego. S. 2007/2008 have carried out additional paid the POF with the bottom of the school, activities and hours performed and remuneration paid as required by art. 7 of the National Collective Bargaining Agreement in force. "
The principal gave no response to the legitimate union demands above and yet the deadline for the conclusion of the negotiations the school had long passed.
The story was not an episode isolated and was symptomatic of how, until then, the DS had prevented the RSU (and in particular to Professor XXXXXX) any possibility of planning, monitoring and verification in order to manage the fund the school and, more generally, prevented the holding of a proper bargaining union activity.
fact, already with the previous decree was declared unconstitutional by the Court of Macerata the conduct of Professor. XXXXXX, lies in not having convened a meeting of the RSU COBAS for discussion and conclusion of the contract school.
Furthermore, in a completely arbitrary way, the principal arranged to assign duties paid from the fund, establishment without the necessary prior negotiation with the trade unions.
2 - Right
2.1 - Reference standards
The Statute of Workers, Art. 28, the opportunity for local organizations of national trade unions, to appeal to the court "if the employer engages in conduct designed to prevent or limit the exercise of freedom and trade union activity ...."
2.2 - References contractual
Article. 6, No. 2, Lett. b) g) of the Negotiable school division, published in suppl. ord. the Official Gazette 292 of December 17, 2008, provides that "are matters of information prior year [...] the plan of Overall resources for the additional payment, including the source of non-contractual "," all subjects of bargaining "[...].
The letters h), l) and m) provide that "are matters of bargaining [...] the procedures for the use of teaching staff in relation to educational programs and to plan activities and mode of use of personal Ata in relation to its plan of activities delivered by DSGA, felt the same staff ...", "the criteria for the allocation of Fund resources by the school and the allocation of additional compensations under Article. 45, paragraph 1, of Legislative Decree no. 165/2001, teachers, Ata and education, including fees related to projects of national and Community "and" criteria and procedures for the organization of work organization and the articulation of the teaching staff, educational and Ata, and the criteria for the identification of teaching staff , Ata to be used in education and paid employment with the school fund. "
Sub-paragraph 3, states that "the information [...] are provided during special meetings, together with the documents of reference."
Paragraph 4 states that "on matters which affect the orderly and timely start of the school year, all the procedures provided for in this article shall be completed on time by the Director General for regional issues affecting the organizational structure and, for others, in a timely manner to ensure the timely and effective start of classes. "
In paragraph 5, states that labor relations within the institution must be based on criteria of "fairness, cooperation and transparency".
Article 47 provides that the assignment of specific responsibilities to teaching staff, referred to in paragraph 1, lett. b) of that rule, "is made by the head teacher in accordance with rules, policies and fees established by the institute under contract the plan of activities. "
With specific reference to the Marche Region, art. 17, paragraph 6, of decentralized regional collective agreement of 19 December 2008, provides that "in order to allow trade unions the effective exercise of rights to subsequent information, [...] the head teacher is required to deliver to the RSU and the trade unions with title, summary schedules of the use of the fund of the school, with the names, activities, schedules and commitments for compensation. " Article. 12 provides that "the negotiations will conclude the school not later than November 30 of the school year."
2.3 – L’art. 47 CCNL comparto scuola prevede, oltre a quanto sopra, che gli incarichi specifici assegnati al personale ATA “comportano l’assunzione di responsabilità ulteriori…” e lo “… svolgimento di compiti di particolare responsabilità, rischio o disagio, necessari per la realizzazione del piano di offerta formativa…”; detti compiti rivestono particolare importanza, in quanto “legati all’assistenza alla persona, all’assistenza agli alunni diversamente abili e al pronto soccorso”.
Ciò giustifica ampiamente il penetrante controllo delle RSU, previsto dalla contrattazione collettiva, nella definizione delle modalità, dei criteri and salaries related to these tasks.
As required by the Articles. 6, paragraph 4, and 12 CCNL, CCDR, on 30 November 2008, the head teacher should have concluded the contract on the establishment of the positions in question, however, the school year comes to an end and the workers continued to hold the specific tasks without there being a formal transfer, let alone, was made possible in the proposed bargaining on the procedures for implementation, eligibility criteria and their salaries, it is clear the extreme compression of the Freedom of Association made from the DS, which is compounded by the importance and sensitivity of the matter. The staff of the Institute
ATA also place these delicate tasks, but substantial uncertainty and irregularity of the situation.
2.4 - The rationale of the provisions of art. 6 of the National Collective Bargaining Agreement, which, in addition to general references to cooperation, fairness and transparency in the system of industrial relations, requiring the delivery of the documentation relating to the RSU to the subjects of bargaining institution (confirmed by Articles duty. 17, paragraph 6, and CCDR 9, CII) is to put the RSU in a position to verify the correct and effective implementation of what was prepared in the previous year, and to ensure the changes to what is found to be poorly designed or implemented.
The failure to deliver the detailed tables, showing, for each worker, the functions performed, the hours allocated and the salaries received In school year 2007/2008, did not allow any verification RSU on the validity of the previously established and its effective implementation.
The decision not to deliver the reports in question prevented, or at least hindered the smooth running of the union negotiations.
3 - Decision
Welcoming the action brought by the provincial representative of Cobas, the judge declared the work of Macerata "of the anti-union conduct required by the Headmaster," ordered "the cessation of such conduct "and to enable access to documents and provide for the issuance of copies of statements required by the RSU, further, order the holding of solid waste for the delivery of such documentation.
More generally, ordered the DS to "activate the negotiation with the trade unions to manage the activities to be covered under contract to school."
The measure followed a few years a similar decree, issued by the judge of the work of Camerino, who, also on appeal by COBAS - Committees of the Basic school had punished the same conduct engaged in by a principal of an institution higher education site in the town of San Severino Marche.
Mr. Alberto Pylons
How Much Does It Cost To Renew A License In Dc
Guida in stato di alterazione da sostanze stupefacenti: rilevanza probatoria degli esami delle urine. Tribunale di Camerino n. 277, del 2 ottobre 2009
Article 187 Legislative Decree 285/1992 - CdS. Driving while impaired mental and physical for the use of drugs: evidence of the importance of urine tests.
Comment to the decision of the Court of Camerino, No 277 of October 2, 2009
With No Judgement 277 of 2 October 2009, the court acquitted Mr. Camerino. X provided by the offense and is punishable by art. 187 cds
The acquittal was based on the fact that the urine test, the only finding that the defendant had been subjected, was not sufficient to determine the actual alteration due to the drug thus detected.
The ruling is part of a trend that at the time of its enactment, there were not many precedents (see Cass. Criminal Section IV, July 9, 2009, No. 28219; Cass. Penal Section IV, July 8, 2008, n . 33 312, cited in justification, the Court of Savona April 3, 2009, No. 354; least it should be noted Trib Bologna, January 7, 2010, n 26).
Article. CdS 187 prohibits "... driving while impaired mental and physical after taking drugs or psychotropic substances which punishes with ...", "... the fine from € 1,500 to € 6,000 and the arrest of three months to a year "and the" suspension of license for six months to a year "for bus drivers, vehicles with a higher total 3.5 tonnes, or "combination of vehicles" and in cases of recurrence within two years of the license is revoked. In case you cause an accident, the penalties are doubled.
particular importance are the investigations to be carried out in order to ascertain the true state of mental and physical alteration of the subject and, just this aspect of the court turned its attention Camerino.
Paragraph 2 of art. 187 provides that the officers "... may subject drivers to qualitative assessments or non-invasive tests, including portable devices "under subsection 3, when the investigations referred to in paragraph 2 provide successful or if there is reasonable ground to believe otherwise that the driver of the vehicle is under the influence resulting from the use of narcotic or psychotropic substances, traffic police officers [...] accompany the driver to fixed or mobile medical facilities related to these organs or at the Traffic Police public health facilities or at those credited for such purposes or otherwise treated, for the sampling of biological fluids for the purpose for carrying out the necessary tests to detect the presence of drugs or psychotropic substances and related medical examination. "
Biological samples to be tested are the urine, saliva and blood.
On 25 February 2005 the Ministry of Health issued the "Test Procedure Drugs, drafted by a specially appointed committee of experts is dedicated specifically to investigations under Article. CDS 187.
Define the matrices used to ascertain biological (blood, urine and saliva), the protocol provides "the indispensability of control over blood, saliva replaceable in case of refusal to draw blood," a "card-clinical toxicological evaluation of psycho-physical condition of the subject and various other "operational procedures for the application of the chain of custody" of samples analyzed (Borriello, Chiarotti, LODI, The operating protocols for Articles 186 and 187 of the Highway Code: A incipit required to submit to verify implementation , health policy).
Ministerial Protocol, regardless of its legal operations, it is significant in that it provides, from a purely scientific point of view, evaluations on the different methods of assessment, examination of the urine giving a decidedly secondary importance. Indeed, it is expected that, if the urine test turns out positive, but that of blood or saliva negative, the latter will prevail on the first.
In other words, it sets out the fundamental inadequacy of the examination of urine, noting the possibility that the same positive results even in non-altered state.
In scientific terms (in my case, necessarily approximate), the metabolites of various drugs can be detected in urine, with positive values \u200b\u200bindicating (concentrations above 50 mg / l), even after several days of the appointment, that is, when the effects of the substance are widely diminished.
In this regard, we note a study by the National Drug Court Institute, Alexandria, Virginia (Volume V, iussue I), dedicated to the retention of cannabinoids and its evaluation in terms of evidence. The study contains a significant
table (page 36) that lists the results of some research carried out between 1982 and 1999, the time of detection of cannabinoids in urine: the table shows that the assumption of marijuana (or its derivatives) is found, with values \u200b\u200bgreater than 50 mg / l, for a period ranging from 25 to 67 days.
This is unequivocally positive findings indicate that cannabinoids measured by urinalysis, may not have evidentiary significance regarding actual altered state of the subject at the time of driving, since the art. 187 Security Council sanctions the conduct of the person who submits himself to Judas when in altered state, that is, when it is still under the influence of the drugs, the urine test can not be used as evidence.
The daily experience of legal practitioners teaches us, however, that most of the complaints for violation of Article. 187 CdS made solely on the basis of examination of urine, as in the case which has occupied the Court of Camerino in the ruling that says.
In the grounds the court upheld the defense argument and, in fact, after noting that the situation in the alert. 187 SC ... is made necessary by the competition of two elements: a) the state of deterioration such as to impair the normal psychological and physical conditions necessary in the performance of the guide and conduct itself constitute a hazard to road safety, b) 's been taking drugs or psychotropic substances, such as to cause the state of deterioration can occur, and appropriate laboratory testing, " that the accused was arrested while he was the Judas of a vehicle that had been established and the "presence of [...] cannabinoids in urine", he observed, however, that could "... considered the same way as now common scientific knowledge that the presence of metabolites is the resulting phase is the time of the essence, is the period of effectiveness of the active "phase, ie, where" ... [...] the body expels the waste. "
the above, it concluded that "the state of alteration can not be inferred from the mere presence of metabolites whose traces linger in the urine after the end of the effectiveness of the active ingredient, acquitting the defendant "because the crime does not exist."
Mr. Alberto Pylons
Article 187 Legislative Decree 285/1992 - CdS. Driving while impaired mental and physical for the use of drugs: evidence of the importance of urine tests.
Comment to the decision of the Court of Camerino, No 277 of October 2, 2009
With No Judgement 277 of 2 October 2009, the court acquitted Mr. Camerino. X provided by the offense and is punishable by art. 187 cds
The acquittal was based on the fact that the urine test, the only finding that the defendant had been subjected, was not sufficient to determine the actual alteration due to the drug thus detected.
The ruling is part of a trend that at the time of its enactment, there were not many precedents (see Cass. Criminal Section IV, July 9, 2009, No. 28219; Cass. Penal Section IV, July 8, 2008, n . 33 312, cited in justification, the Court of Savona April 3, 2009, No. 354; least it should be noted Trib Bologna, January 7, 2010, n 26).
Article. CdS 187 prohibits "... driving while impaired mental and physical after taking drugs or psychotropic substances which punishes with ...", "... the fine from € 1,500 to € 6,000 and the arrest of three months to a year "and the" suspension of license for six months to a year "for bus drivers, vehicles with a higher total 3.5 tonnes, or "combination of vehicles" and in cases of recurrence within two years of the license is revoked. In case you cause an accident, the penalties are doubled.
particular importance are the investigations to be carried out in order to ascertain the true state of mental and physical alteration of the subject and, just this aspect of the court turned its attention Camerino.
Paragraph 2 of art. 187 provides that the officers "... may subject drivers to qualitative assessments or non-invasive tests, including portable devices "under subsection 3, when the investigations referred to in paragraph 2 provide successful or if there is reasonable ground to believe otherwise that the driver of the vehicle is under the influence resulting from the use of narcotic or psychotropic substances, traffic police officers [...] accompany the driver to fixed or mobile medical facilities related to these organs or at the Traffic Police public health facilities or at those credited for such purposes or otherwise treated, for the sampling of biological fluids for the purpose for carrying out the necessary tests to detect the presence of drugs or psychotropic substances and related medical examination. "
Biological samples to be tested are the urine, saliva and blood.
On 25 February 2005 the Ministry of Health issued the "Test Procedure Drugs, drafted by a specially appointed committee of experts is dedicated specifically to investigations under Article. CDS 187.
Define the matrices used to ascertain biological (blood, urine and saliva), the protocol provides "the indispensability of control over blood, saliva replaceable in case of refusal to draw blood," a "card-clinical toxicological evaluation of psycho-physical condition of the subject and various other "operational procedures for the application of the chain of custody" of samples analyzed (Borriello, Chiarotti, LODI, The operating protocols for Articles 186 and 187 of the Highway Code: A incipit required to submit to verify implementation , health policy).
Ministerial Protocol, regardless of its legal operations, it is significant in that it provides, from a purely scientific point of view, evaluations on the different methods of assessment, examination of the urine giving a decidedly secondary importance. Indeed, it is expected that, if the urine test turns out positive, but that of blood or saliva negative, the latter will prevail on the first.
In other words, it sets out the fundamental inadequacy of the examination of urine, noting the possibility that the same positive results even in non-altered state.
In scientific terms (in my case, necessarily approximate), the metabolites of various drugs can be detected in urine, with positive values \u200b\u200bindicating (concentrations above 50 mg / l), even after several days of the appointment, that is, when the effects of the substance are widely diminished.
In this regard, we note a study by the National Drug Court Institute, Alexandria, Virginia (Volume V, iussue I), dedicated to the retention of cannabinoids and its evaluation in terms of evidence. The study contains a significant
table (page 36) that lists the results of some research carried out between 1982 and 1999, the time of detection of cannabinoids in urine: the table shows that the assumption of marijuana (or its derivatives) is found, with values \u200b\u200bgreater than 50 mg / l, for a period ranging from 25 to 67 days.
This is unequivocally positive findings indicate that cannabinoids measured by urinalysis, may not have evidentiary significance regarding actual altered state of the subject at the time of driving, since the art. 187 Security Council sanctions the conduct of the person who submits himself to Judas when in altered state, that is, when it is still under the influence of the drugs, the urine test can not be used as evidence.
The daily experience of legal practitioners teaches us, however, that most of the complaints for violation of Article. 187 CdS made solely on the basis of examination of urine, as in the case which has occupied the Court of Camerino in the ruling that says.
In the grounds the court upheld the defense argument and, in fact, after noting that the situation in the alert. 187 SC ... is made necessary by the competition of two elements: a) the state of deterioration such as to impair the normal psychological and physical conditions necessary in the performance of the guide and conduct itself constitute a hazard to road safety, b) 's been taking drugs or psychotropic substances, such as to cause the state of deterioration can occur, and appropriate laboratory testing, " that the accused was arrested while he was the Judas of a vehicle that had been established and the "presence of [...] cannabinoids in urine", he observed, however, that could "... considered the same way as now common scientific knowledge that the presence of metabolites is the resulting phase is the time of the essence, is the period of effectiveness of the active "phase, ie, where" ... [...] the body expels the waste. "
the above, it concluded that "the state of alteration can not be inferred from the mere presence of metabolites whose traces linger in the urine after the end of the effectiveness of the active ingredient, acquitting the defendant "because the crime does not exist."
Mr. Alberto Pylons
Thursday, July 15, 2010
Matsui Tv Dvd Soundskipping
In my opinion, the only way to revive the fortunes of mankind is to give up the privilege . Of course, applies to those who have. It is in fact re-establish a balance that is now lost. All, or many, however, have some privilege, I'm not talking about how to have the convenience of the neighborhood store, or have a rewarding job, no, I'm talking about how, if necessary, these facilities have been obtained: in fact may have been obtained in ways that privileged to get this or that require a purely speculative gain.
I'm going in the utopian land of empathy and common sense. And so I want to give you an example.
The other day, I felt out of the mouth of the Prime Minister one of the biggest crap I've ever laid. The concept - can not remember the exact words - is that asking the trust to pass a law, not an act of fraud, but an act of courage . In support of this brilliant thesis, said the act of courage lies in the inherent risk that if the parliament not to trust, they leave their home. This caste of privileged people, never ceases to take the piss . Since: with an electoral law adopted by its bullshit " inventor", the majority was able to build the parliament at will, will never want to go home, all those who have been privileged by this bullshit electoral law , and which fits well within the government? Rhetorical question. Ergo, any vote of confidence in the law, ergo the confidence to ask a law, than ever before, is an act of abuse.
These gentlemen are in harmony with each other, are privileged, they exchange favors for a mere speculative gain. And I'm not just talking about who is now in government. Among them are in perfect harmony .
The tune is missing among the people. In fact, unable to give and receive privileges, people are driven to strive, in a perverse game of rivalries (between us) and skilled manipulation of the news media (to create art from those responsible), news that is given without critical sense, so that there is an informed one. But when you lose line, when you lose at all - and we are one step away - it becomes a dangerous game, though certainly not as dangerous for the wealthy classes.
tuning that there may be people among us "normal " is the only thing that can save us from barbarism, the barbarism that led to the epilogue Piazzale Loreto, which also stained with horrific crimes people who otherwise would have done without.
Each of us - just be a bit 'smarter - knows what it needs, besides him, his neighbor and the territory in which they live, knows the issues, real ones, which affect its environment in the luogo in cui vive e lavora: basta non foderarsi le orecchie per non sentire e gli occhi per non vedere; non lasciarsi, in pratica, condizionare la testa da parole dette da gente che si vuole solo promuovere al semplice scopo di mantenere i suoi privilegi. È ora di mandare a casa tutti questi personaggi che promettono e puntualmente non mantengono, anzi, di più! Bisogna mandarli a casa e fargli pagare il conto di tanta inettitudine e menefreghismo! Essi non hanno alcun rapporto con la vita reale di noi poveri mortali; l'unico rapporto è il loro tornaconto: tutto il resto gli rimbalza. Il loro interesse per ciò che realmente accade a noi è pari a zero. È per questo che si rende necessario azzerare il privilegio; forse così doing - since there are no more privileges to anyone - it would restore some harmony between the people who lead them to better deal, or at least more profitably, for the public to re-establishing a participatory political life of civil society with a renewed interest and positive.
I'm on the minefield of utopia and ideology in which everyone tries and cares for the common good. They are on the ground - now impassable - empathy and common sense that good sense that, if shared and applied, would prevent war, famine, oppression and all kinds of abuses that we suffer today, we suffer, and even more of us, people not far away, paying for us, with blood, our wellbeing.
Sunday, July 11, 2010
Behind The Green Door Chambers Trailer
No Bridge The Bridge hoax delI'Incubatore
of Antonio Mazzeo
of Antonio Mazzeo inauguration of the new headquarters of the company called to build the bridge over the Strait of Messina , Wednesday, July 14, there is also the minister of infrastructure Matteoli. The headquarters of Eurolink (the consortium and the general contractor for the design work) and those engaged in environmental monitoring and project management, will be housed in the Polo Papardo "University of Messina, a few miles from where it should rise one of the two pillars of the mega-opera. The premises are those of the Incubator Companies financed with funds from the Act 208 of 1998 reserved "to actions to promote, employment and enterprise in deprived areas." The structure is never brought into operation, would have to accommodate, when fully implemented, up to 46 companies and young researchers from the Ateneo. In exchange for a fee whose amount is still secret and Development Italy Sicily, who had received a concession from the University, has sub-leased indefinitely to large companies participating in the North of the Bridge billionaire banquet. One of them, Impregilo, leader of the consortium general contractor, the new university knows him well, having carried out the construction works of the Faculty of Engineering, 144 billion lire for three buildings of 35 thousand square meters. The delivery of the local "Papardo" dates back to June 2004, with a 'light' delay of schedule, which is justified by the then Dean of Engineering with the "transition from BOCOG, the same company that built the new home the Annunziata of Arts, the Impregilo. Rating debatable since the construction company leader in Italy had taken 40% of the share capital of BOCOG in October 1997, three years before that the company got the contract by the University for new faculty. And in 2002, always Impregilo, Bonifati had then bought by another 40% of capital, "BOCOG".
A transaction, the University - Development Italy - Bridge Company, harshly criticized by activists and militants fighting against the creation of the "monster of the Straits." The Network Bridge No expressed at the last meeting of the Academic Senate, asking in vain three times, you can sit and talk with the rector of the University makes a decision that the head office of Impregilo & Partner. The answer then the Senate has come through a note telegraph. "The granting of the property development in Sicily Italy - says - in 2002 and was considered on the basis of it, the dealer may put local firms without prior permission of the University, as was the case." A statement that is not convincing at all Professor Guido Signorino, professor of Applied Economics in the Faculty of Political Science and Director of the Rector Liaison Office for University-business incubator at the time of granting a Development Italy. 'In 2002 the award was not signed, but his previous proceedings: a "memorandum of understanding" under which they started the negotiations to define the terms in which the University would have been the incubator, "says Signorino. "On this basis, Development Italy took its steps to obtain from the Ministry of Industry to finance the restructuring of local Papardo. The deed was signed in March 2004 instead. "
Economist also points out that the granting transfer of management responsibility to ensure Italy property development, but the purpose of binding to the "business incubator", referring to his role as a service center for fledgling businesses 'and' guide to the business market incubated by the manager. " "The use of space for purposes not intended by the Act it is a violation," said Signorino. "It is obvious that Eurolink and affiliated companies may be considered" emerging companies "and do not need any" accompanying the market "by anyone. In addition, the duration of the use of the premises does not seem commensurate with the limits identified in the grant. Permanence incubator was established in 36 months, exceptionally, be extended up to 60, in order to generate a continuous stream of new and innovative businesses. Work on the bridge instead have a minimum of six years. "
Professor Signorino remembers that the deed gave the University a duty to ensure that the facility was operated in full compliance with its objectives. In the event that the operator had placed the property in a manner inconsistent with the grant should be revoked. "It also provided for the establishment of a joint committee to address and control", composed of an equal number of representatives of the University and Development Italy. The committee should provide guidance on productive activities to favor the use of the structure and express opinions on the companies to settle. It is therefore not correct to imply that the University has no tools to address management and the allocation of space to take place without its prior control. It remains to be seen whether the "Joint Committee" has been established or not. I doubt it, given that the incubator is not yet completed. But that does not justify that, even before it is delivered and that the bodies involved in its management are established, they are decided to use that derogate from the purposes and institutional constraints. "
Gentleman does not consider it credible that the location of the incubator was made in complete autonomy from Italy Development and the University of Messina was only informed after the fact. "It seems almost the opposite, namely that the University has decided to push for this assignment, putting pressure on Development Italy why this happened," says the teacher. Pressing a wide-ranging confirmed directly by the development. Feel Centonove weekly from June 25, the development manager said that Italy "was the highest representative of the university to ask for a letter to make available to other companies Eurolink and the building."
Doubts and misgivings, however, do not spare the public SpA created to promote business and not to increase his income with the rental of premises obtained a concession. The capital of Sicily, Italy Development (€ 6,816,066.92), is 100% controlled by the Sicilian Region, which, in turn, is also a minority shareholder of Stretto di Messina SpA, the company that assigned the public broadcaster to Eurolink the design, implementation and management of post-opera Bridge between Scylla and Charybdis. "With the signing of a lease of real estate in the district Papardo, Development Italy Sicily, namely the region, has to exercise its control over the assets attributed to Eurolink, while simultaneously receiving the same consortium of companies, the monthly charges for the rental of the core business of the bridge over the Strait, "the complaint Louis Sturniolo, a representative of the Network No Messina Bridge. "We are facing a double speculation to the detriment of the public: on the one hand, the" income "development that will ensure Italy rents and, second, the privilege offered to the general contractor to be able to settle its administrative center at a price out of business. This is the corollary of the Bridge to transactions based on the subtraction of public spaces, on the denial of real job opportunities to the younger generations in the name of profits and private interests. "
to try such as the conversion of the incubator's degree in general workshop of the godfathers of the Bridge is the last great insult to the detriment of local populations, a detailed document from the No Net Bridge. "According to the definition formulated by the National Business Incubators Association (NBIA), an" incubator "is an" instrument of economic development designed to accelerate the growth and success of entrepreneurial initiatives through a structured set of resources and services, "write the researchers of the Network "The purpose of an incubator is therefore" to build successful companies, able to exit the support program had achieved autonomy and financial viability. " Among the strategic objectives, creation of jobs, support the local economy, technology transfer and exploitation of research results, and the revitalization of depressed areas, diversification of production, the promotion of specific industrial sectors and specific groups social. None of this has to do with the construction of the bridge. "
The Network recalls that emerged in the academic incubators should meet the need of the universities' to intensify the transfer of technology and industrial relations by encouraging their students, researchers, teachers and research laboratories, developing collaboration with companies and participating actively in local development. " Specifically, the incubator of the University of Messina, the purposes stated in the grant aimed at "strengthening the local economy 'and the' supply of spaces for young people to express their business capabilities in a very competitive city." "The incubator district Papardo - remember the No Net Bridge - were to be devoted to hospitality, with a limited duration, to industrial spin-offs arising from scientific research. The Eurolink consortium has not, however, no feature enabling it to become the host-beneficiary of the structure. It is not a business "New", resulting from the establishment of the association of companies in the consortium won the tender for the general contractor of the bridge, which took place between 2005 and 2006. None of the construction companies that make up the ATI has offices or subsidiaries in the Straits (some are, indeed, foreign) and are all old and training corporations and groups in the ownership of stock of national importance (the Benetton family, and Gavio Ligresti for Impregilo).
How is cost the State the 'Incubator of the Bridge "is a mystery. In 2002 the University of Messina presented a financial plan for 4 million euro, but to date has not been specified the actual amount of funds obtained by the implementation of the structure. Even conflicting figures on the extent of the area allocated to it. The documents referenced once at a "complex" of 4,400 square feet, again in 4355, a third to "only" 3,500. However, companies in the bridge could not find anything better. In a few days the ribbon cutting and the installation. To present the final draft and will start work again as long as you want.
A transaction, the University - Development Italy - Bridge Company, harshly criticized by activists and militants fighting against the creation of the "monster of the Straits." The Network Bridge No expressed at the last meeting of the Academic Senate, asking in vain three times, you can sit and talk with the rector of the University makes a decision that the head office of Impregilo & Partner. The answer then the Senate has come through a note telegraph. "The granting of the property development in Sicily Italy - says - in 2002 and was considered on the basis of it, the dealer may put local firms without prior permission of the University, as was the case." A statement that is not convincing at all Professor Guido Signorino, professor of Applied Economics in the Faculty of Political Science and Director of the Rector Liaison Office for University-business incubator at the time of granting a Development Italy. 'In 2002 the award was not signed, but his previous proceedings: a "memorandum of understanding" under which they started the negotiations to define the terms in which the University would have been the incubator, "says Signorino. "On this basis, Development Italy took its steps to obtain from the Ministry of Industry to finance the restructuring of local Papardo. The deed was signed in March 2004 instead. "
Economist also points out that the granting transfer of management responsibility to ensure Italy property development, but the purpose of binding to the "business incubator", referring to his role as a service center for fledgling businesses 'and' guide to the business market incubated by the manager. " "The use of space for purposes not intended by the Act it is a violation," said Signorino. "It is obvious that Eurolink and affiliated companies may be considered" emerging companies "and do not need any" accompanying the market "by anyone. In addition, the duration of the use of the premises does not seem commensurate with the limits identified in the grant. Permanence incubator was established in 36 months, exceptionally, be extended up to 60, in order to generate a continuous stream of new and innovative businesses. Work on the bridge instead have a minimum of six years. "
Professor Signorino remembers that the deed gave the University a duty to ensure that the facility was operated in full compliance with its objectives. In the event that the operator had placed the property in a manner inconsistent with the grant should be revoked. "It also provided for the establishment of a joint committee to address and control", composed of an equal number of representatives of the University and Development Italy. The committee should provide guidance on productive activities to favor the use of the structure and express opinions on the companies to settle. It is therefore not correct to imply that the University has no tools to address management and the allocation of space to take place without its prior control. It remains to be seen whether the "Joint Committee" has been established or not. I doubt it, given that the incubator is not yet completed. But that does not justify that, even before it is delivered and that the bodies involved in its management are established, they are decided to use that derogate from the purposes and institutional constraints. "
Gentleman does not consider it credible that the location of the incubator was made in complete autonomy from Italy Development and the University of Messina was only informed after the fact. "It seems almost the opposite, namely that the University has decided to push for this assignment, putting pressure on Development Italy why this happened," says the teacher. Pressing a wide-ranging confirmed directly by the development. Feel Centonove weekly from June 25, the development manager said that Italy "was the highest representative of the university to ask for a letter to make available to other companies Eurolink and the building."
Doubts and misgivings, however, do not spare the public SpA created to promote business and not to increase his income with the rental of premises obtained a concession. The capital of Sicily, Italy Development (€ 6,816,066.92), is 100% controlled by the Sicilian Region, which, in turn, is also a minority shareholder of Stretto di Messina SpA, the company that assigned the public broadcaster to Eurolink the design, implementation and management of post-opera Bridge between Scylla and Charybdis. "With the signing of a lease of real estate in the district Papardo, Development Italy Sicily, namely the region, has to exercise its control over the assets attributed to Eurolink, while simultaneously receiving the same consortium of companies, the monthly charges for the rental of the core business of the bridge over the Strait, "the complaint Louis Sturniolo, a representative of the Network No Messina Bridge. "We are facing a double speculation to the detriment of the public: on the one hand, the" income "development that will ensure Italy rents and, second, the privilege offered to the general contractor to be able to settle its administrative center at a price out of business. This is the corollary of the Bridge to transactions based on the subtraction of public spaces, on the denial of real job opportunities to the younger generations in the name of profits and private interests. "
to try such as the conversion of the incubator's degree in general workshop of the godfathers of the Bridge is the last great insult to the detriment of local populations, a detailed document from the No Net Bridge. "According to the definition formulated by the National Business Incubators Association (NBIA), an" incubator "is an" instrument of economic development designed to accelerate the growth and success of entrepreneurial initiatives through a structured set of resources and services, "write the researchers of the Network "The purpose of an incubator is therefore" to build successful companies, able to exit the support program had achieved autonomy and financial viability. " Among the strategic objectives, creation of jobs, support the local economy, technology transfer and exploitation of research results, and the revitalization of depressed areas, diversification of production, the promotion of specific industrial sectors and specific groups social. None of this has to do with the construction of the bridge. "
The Network recalls that emerged in the academic incubators should meet the need of the universities' to intensify the transfer of technology and industrial relations by encouraging their students, researchers, teachers and research laboratories, developing collaboration with companies and participating actively in local development. " Specifically, the incubator of the University of Messina, the purposes stated in the grant aimed at "strengthening the local economy 'and the' supply of spaces for young people to express their business capabilities in a very competitive city." "The incubator district Papardo - remember the No Net Bridge - were to be devoted to hospitality, with a limited duration, to industrial spin-offs arising from scientific research. The Eurolink consortium has not, however, no feature enabling it to become the host-beneficiary of the structure. It is not a business "New", resulting from the establishment of the association of companies in the consortium won the tender for the general contractor of the bridge, which took place between 2005 and 2006. None of the construction companies that make up the ATI has offices or subsidiaries in the Straits (some are, indeed, foreign) and are all old and training corporations and groups in the ownership of stock of national importance (the Benetton family, and Gavio Ligresti for Impregilo).
How is cost the State the 'Incubator of the Bridge "is a mystery. In 2002 the University of Messina presented a financial plan for 4 million euro, but to date has not been specified the actual amount of funds obtained by the implementation of the structure. Even conflicting figures on the extent of the area allocated to it. The documents referenced once at a "complex" of 4,400 square feet, again in 4355, a third to "only" 3,500. However, companies in the bridge could not find anything better. In a few days the ribbon cutting and the installation. To present the final draft and will start work again as long as you want.
Friday, July 9, 2010
What's A Good Cell Phone For An Older Person
Human shields!
PS
The letter circulating in the network these days (that the phone call that requires the payment of subscription to SKY to an inhabitant of L'Aquila), is Anna's Blog Miss Kappa. This is the direct link .
We have become human shields.
From men and women, victims, scapegoats, harassed, then human resources, so shields. Of course in the left hand, and who else?!! It suits people to downgrade the second of convenience: I think that deep down we feel less responsible for their discomfort , if you will call downgrading the state where they are. The dark shadow of coercion is getting closer, it reminds me of (read books and seen in documentaries) an Italian period in which they used to drink in the force ' castor oil who did not think like someone who was in power, but it was just the beginning, associated with fighting, beatings and imprisonment. The beginning.
Thus begins, the story teaches us: to prevent information, then bypassing the constitutional bodies, promulgation of laws that prevent the development of the country but only the impunity of those who write, those who repent you ridicule and discredit in many ways, including gross and then they begin to impede the freedom of expression, blindly obeying the police, to club, but are not people? Women, the elderly and children. Men.
We have become human shields, used by someone to act against the government. And when we are not human shields are slaves Labour: € 1,000 per month for working 40 hours per week with one day - or two at best - of freedom to organize weekly life. Completely at the mercy of the master who decides life and death miracles of my time, my work, my thoughts. And when we are not slaves we are unemployed, to commiserate, to attend, but without giving them real help eliminate speculation that underlies the problem. In a crisis the gap between rich and poor has widened, giving not only less goods to those who already had little, but changing - not least - the wealth of those who are already rich. In a crisis, the rich have earned more than in other years. Something is wrong. But ...
If I go down to the streets to protest against an unjust law, or against the non-application of the Constitution, or against the failure to help promised to situations of extreme and obvious discomfort , if I get off the streets for any reason This right is no longer protected by constitutional law. Every time I go down to the streets in danger of a nice peck on his head bludgeoned. With the approval of "Free" and de "il Giornale" , I taccerà a human shield to be manipulated.
These gentlemen, those of the party of love, are so good at throwing mud on their political opponents, then just find qualcuno che non la pensa come loro, magari portando fatti o argomentando con cognizione di causa… Beh, l'amore svanisce: puff! Secondo loro siamo geneticamente diversi, e sono pronti - alcuni - "ad ucciderci in due secondi".
Ergo: se scendo in piazza per manifestare il mio dissenso avrò una probabilità in più di trovare qualcuno che mi spaccherà la testa o peggio. Sono quelli del Partito dell'Amore , che, una volta, si chiamavano fascisti. Per lo meno non avevano la pretesa di essere chiamati con un nome totalmente falso e fuorviante.
Non resta che prendere atto che questi personaggi, questi politici che permettono tutto ciò, sono stati eletti, sebbene in maniera poco chiara, da una gran parte degli Italiani; che la loro elezione è stata dovuta in parte anche maggiore dal non voto della stragrande maggioranza degli aventi diritto; che tutta questa gente è attorno a me, si lamenta, ma non fa o non propone nulla di concreto per cambiare lo stato delle cose; acconsente più o meno esplicitamente allo stato attuale di degrado civile che favorisce l'arricchimento dei soliti potenti; gente alla quale, per civiltà, ogni volta che ne scopro uno, evito di vomitargli addosso per lo schifo; gente da compatire, ma non più da tollerare, perché con il suo operato sta affossando un'intera Nazione; assoggettandola ai capricci di una lobby politico\imprenditoriale senza scrupoli, classe ruling that " has no connection with an interest in the truth " so filled with news releases and statements that are nothing but bullshit .
I highly recommend reading - which is both a review and a reflection - of the post Strongbow Blog Drome published on January 19 last by Daniela, right on the essay by Harry G. Frankfurt. This book is anything but a dissertation on the simplistic terms.
The only sensible thing I've heard lately: " In a large democratic country in the freedom of the press is never enough ". Who said ?
Meanwhile, we - whoever disagrees - we were downgraded to human shields.
PS
The letter circulating in the network these days (that the phone call that requires the payment of subscription to SKY to an inhabitant of L'Aquila), is Anna's Blog Miss Kappa. This is the direct link .
Monday, July 5, 2010
How Can I Get Cubefield In My Ipod Nano ?
MiniHOWTO: Sleep Acer Aspire 5715Z with Debian
a long time, my laptop, an Acer Aspire 5715Z, was dying and I could not find the cause. I do not prevented from working but I could not carry out new installations, such as watching a video or use Skype for phone calls. I think the all: from a software problem, food, a hardware failure and I have tried many solutions to no avail. I had given up and I was thinking to buy again yesterday when he passed himself off and started when I tried to just open the browser. I noticed that the CPU 100% and reach us after a hideous noise made me realize that it would shut down. The question was overheating, and although we are well, in this period of hot weather, is not likely to happen in any season. I found, having understood the specific cause and by searching with Google is a problem that occurs only with Linux because the BIOS does not interpret that to start the fan when it is needed because the operating system, the BIOS can not communicate the information about the sensor readings correctly.
a long time, my laptop, an Acer Aspire 5715Z, was dying and I could not find the cause. I do not prevented from working but I could not carry out new installations, such as watching a video or use Skype for phone calls. I think the all: from a software problem, food, a hardware failure and I have tried many solutions to no avail. I had given up and I was thinking to buy again yesterday when he passed himself off and started when I tried to just open the browser. I noticed that the CPU 100% and reach us after a hideous noise made me realize that it would shut down. The question was overheating, and although we are well, in this period of hot weather, is not likely to happen in any season. I found, having understood the specific cause and by searching with Google is a problem that occurs only with Linux because the BIOS does not interpret that to start the fan when it is needed because the operating system, the BIOS can not communicate the information about the sensor readings correctly.
What to do? Update the BIOS! From manufacturer's site I downloaded a newer version (the 1.45) than I had and here arose the problem: The installation file is a
action. Exe and I have not Debian, and then I had to make sure that create me live CD with Windows for executing the update files. New search and found this software that allows you to quickly and easily create a live cd with the files Windows that are necessari.Ovviamente software alone is not enough: you need a PC with Windows and the original CD that
from PC files do not take them.
Just start the software, say, where is the CD and automatically creates a. Iso that once mastered can be used. I saved the files I needed to update the BIOS on a flash drive and I noticed that if the quote before he left the cd did not see her. Finally, where GO button is usually the Windows Start and Run, explores the card I tried the pen and I started the software that updated the BIOS and then I rebooted.
I solved? I do not know for sure but I know that the laptop has not been extinguished, the temperature della CPU si è mantenuta su valori accettabili, ho guardato diversi video su youtube per vedere gli effetti e non ho avuto problemi. Io spero proprio di non avere più problemi :)
NB Di solito scrivo anche delle prove che ho effettuato e che sono fallite ma sono state tante e senza risultati, questa è l'unica che ne ha dati.
Nota: Dopo l'aggiornamento del kernel i problemi si sono ripresentati anche se in misura minore perchè di rado, e se facevo troppe cose contemporaneamente, il portatile si spegneva. Credo di aver risolto acquistando le ventole USB, infatti da quando le ho, va tutto a meraviglia.
Mi auguro che questa sia la soluzione definitiva.
action. Exe and I have not Debian, and then I had to make sure that create me live CD with Windows for executing the update files. New search and found this software that allows you to quickly and easily create a live cd with the files Windows that are necessari.Ovviamente software alone is not enough: you need a PC with Windows and the original CD that
from PC files do not take them. Just start the software, say, where is the CD and automatically creates a. Iso that once mastered can be used. I saved the files I needed to update the BIOS on a flash drive and I noticed that if the quote before he left the cd did not see her. Finally, where GO button is usually the Windows Start and Run, explores the card I tried the pen and I started the software that updated the BIOS and then I rebooted.
I solved? I do not know for sure but I know that the laptop has not been extinguished, the temperature della CPU si è mantenuta su valori accettabili, ho guardato diversi video su youtube per vedere gli effetti e non ho avuto problemi. Io spero proprio di non avere più problemi :)
NB Di solito scrivo anche delle prove che ho effettuato e che sono fallite ma sono state tante e senza risultati, questa è l'unica che ne ha dati.
Nota: Dopo l'aggiornamento del kernel i problemi si sono ripresentati anche se in misura minore perchè di rado, e se facevo troppe cose contemporaneamente, il portatile si spegneva. Credo di aver risolto acquistando le ventole USB, infatti da quando le ho, va tutto a meraviglia.
Mi auguro che questa sia la soluzione definitiva.
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