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Shortage of academics does not allow the introduction of “numerus clausus” in university courses

  • 04/09/2017

Italian Law no. 264/1999 introduced the so-called “numerus clausus” with reference to some specific university courses, or provided that specific conditions, listed in article 2 of the said Law, be existing.

On this issue, with Order no. 4478 of 31st August 2017, the TAR Lazio has upheld an appeal by the “Unione degli Universitari” (Union of University Students) and then suspended the validity of some decisions of the University of Milan which had set a limit to the access to humanistic courses.

The TAR Lazio has then stated that the “numerus clausus” must be justified by specific motives, as those listed in article 2 of Law no. 264/1999 (for example, where highly specialized laboratories are to be used by the students).

Instead, the shortage of academics, which was the main reason upon which the decisions of the University of Milan were based, cannot be considered sufficient for the introduction of a limit to the access to university courses.

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