These features emerged in a recent case brought before a regional administrative
court in Italy. A regional administration had issued the date and time for an open
competition to qualify for medical training. One of the candidates, a young woman,
showed up ten minutes late. The exam committee decided to admit her anyway and
also gave her a passing grade. However, it later turned back on its decision and
struck her name from the list of those accepted into the training program. Since the
decision was upheld by the region, the woman brought an action before the regional
administrative court, arguing that a few minutes’ delay could not, and did not, give
rise to any adverse consequence. Indeed, while the candidates did have to show up
by 8:00 a.m. (so as to allow adequate time for a number of administrative activities,
such as identifying the candidates and handing out multiple-choice tests), the exam
would not begin until later, at 9:30 a.m. The administrative court recognized the
claim, finding that a few minutes’ delay did not compromise the equal treatment of
all candidates. And the court adduced a further ground, this being the principleUbi
lex voluit dixit (where the law requires something, it expressly so states it), thereby
arguing that since the administrative rules did not explicitly establish automatic
disqualification for delay, the administrative decision contravened the principles of
reasonableness and logic.