distance learning

On 19 May 2022, the Italian Council of State reversed a first instance judgment holding that a school closure imposed by the region of Campania was not justified and quashing the administrative order (case n°4407 2022).

The Council of State, after reaffirming the necessity to apply the principle of precaution in the context of uncertainty about the risks of contagion and the correlation with face-to-face teaching, held that sufficient scientific evidence, available at the time of the decision, supported the shift from in person to distance teaching decided by the region of Campania. According to the Italian Supreme administrative Court, the principle of precaution has to be applied in light of proportionality. Hence proportionality is linked to the degree of available scientific knowledge at the time of the decision subject to judicial review. School closure measures must be evaluated in light of the risks of contagion based on the available scientific evidence.

Reference: ECLI:IT:CDS:2022:4407SENT

Full text of the decision available at giustizia-amministrativa.it it