2023-09-12 17:30:20
Time.news – The Labor Judge of Naples, Claudia Ruggieriordered the immediate reinstatement of Stéphane Lissner in the role of superintendent and artistic director of the San Carlo theater in Naples. This was announced by the defense panel composed of the labor law expert Claudio Morpurgo, the constitutionalist Giulio Enea Vigevani and the governance expert Pietro Fioruzzi.
The decree law of 10 May 2023, number 51, which had terminated the contract just renewed for Lissner in June given that he was turning 70, the limit age for having managerial roles in entities of that legal nature, “must be interpreted in the only sense that makes it compatible with constitutional principles and consolidated regulations”, writes the Labor judge in the order.
And for the superintendent’s defense, “this obviously also applies to that provision contra personamwhich would have been applicable only to Master Lissner, which provided for immediate termination for superintendents over seventy years of age, regardless of the expiration date of current contracts”.
Lissner’s lawyers therefore considered it an illegitimate revocation and the judge agreed with them. The defense team notes that “the Labor Court of Naples has decided on a new and particular matter as a matter of urgency with great constitutional sensitivity, legal knowledge and sense of responsibility. The provision is carefully motivated and, beyond the initial phase in which it was issued, should reasonably put an end, in legal substance, to this litigation”.
“The restoration of Maestro Lissner’s employment relationship is in fact a legally impeccable fact because the decree, truly ‘unfortunate’ in its formulation, which justified the interruption is not applicable to this specific situation. If, however, it had been applied , it would have had a discriminatory nature and would have infringed the fundamental rights of maestro Lissner”, continues the defense team, “the decision also has the effect of bringing the handovers back into line with the legislation and practice of the Opera Organizations in order to ensure its good management in the context of the long programming cycles that characterize this activity”.
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