# CE2004084EN.01073701.xml

| 3.4.2004 | EN | Official Journal of the European Union | CE 84/737 |
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3.4.2004

EN

Official Journal of the European Union

CE 84/737

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(2004/C 84 E/0831)

WRITTEN QUESTION E-3514/03

by Giovanni Pittella (PSE) to the Commission

(25 November 2003)

Subject:   Course financed by means of the Structural Funds

Subject:

On 11 November 2002 the Naples-based Istituto nazionale di formazione per le imprese culturali launched a course entitled ‘Content Specialist & Designer’ within the PON Asse III misura III 6/D-Codice progetto 5387 discipline. The course is financed by means of the European Social Fund.

The course students (who had to go through a selection procedure) have not received the grant awarded to them (EUR 10 389,14 per student), since the person in charge of the course — a Mr Palladino — has been deemed untrustworthy by the Ministry for State Education, Universities and Scientific Research on account of his previous record. On 30 April 2003 (20 days before the course was due to end) the Ministry decided that co-financing would be suspended and that the training project would be abandoned.

On the basis of the above information, does the Commission not think that, irrespective of any judgment regarding Mr Palladino, the 19 pre-selected women should not be denied their grants or have their course certificates withheld?

Does the Commission not agree that, in accordance with the rules, some kind of protection should be offered to the 19 unemployed course students who, having been duly selected, wished to take advantage of the opportunity afforded to them under the Structural Funds?

Supplementary answer given by Mr Dimas on behalf of the Commission

(22 March 2004)

(22 March 2004)

After receiving the required information from the Managing Authorities of the national Operational Programme (OP) 1999 IT 161 003, the Commission is now able to report as follows:

| — | The decision on the part of the Ministry for Education, Research and University (MIUR) to suspend the co-financing of project III 6/D-5387 (‘Content Specialist & designer — Specont’) was taken because the project managers (Mr Palladino and Ms Ruvo) could not provide adequate financial guarantees. Indeed, from that point of view, Mr Palladino and Ms Ruvo were operating illegally, and in fact, 16 students had complained already that they had not received the fellowships to which they were entitled. |
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The decision on the part of the Ministry for Education, Research and University (MIUR) to suspend the co-financing of project III 6/D-5387 (‘Content Specialist & designer — Specont’) was taken because the project managers (Mr Palladino and Ms Ruvo) could not provide adequate financial guarantees. Indeed, from that point of view, Mr Palladino and Ms Ruvo were operating illegally, and in fact, 16 students had complained already that they had not received the fellowships to which they were entitled.

| — | Mr Palladino and Ms Ruvo have repeatedly appealed the decision of MIUR before the administrative tribunal (TAR) and the Consiglio di Stato. The latter, pending the final judgement by the TAR, has put on hold the suspension decided by the MIUR, which would at least allow the MIUR to pay out advance payments on the fellowships, but the Consiglio di Stato only did so under the condition that Mr Palladino and Ms Ruvo are able to provide adequate financial guarantees, which as yet has not happened. |
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Mr Palladino and Ms Ruvo have repeatedly appealed the decision of MIUR before the administrative tribunal (TAR) and the Consiglio di Stato. The latter, pending the final judgement by the TAR, has put on hold the suspension decided by the MIUR, which would at least allow the MIUR to pay out advance payments on the fellowships, but the Consiglio di Stato only did so under the condition that Mr Palladino and Ms Ruvo are able to provide adequate financial guarantees, which as yet has not happened.

| — | The MIUR, as Managing Authority of the OP in question, can not act in substitution of the project managers — that is, award the advances on the fellowships- unless explicitly authorized to do so by the TAR (or following the appointment of an ad-hoc administrator), which in either case could only happen after the final judgement by the TAR itself. |
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The MIUR, as Managing Authority of the OP in question, can not act in substitution of the project managers — that is, award the advances on the fellowships- unless explicitly authorized to do so by the TAR (or following the appointment of an ad-hoc administrator), which in either case could only happen after the final judgement by the TAR itself.

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