The appeal is inadmissible.
The Cassation thus closes the case of Karen Bergami, the 34-year-old Bolognese excluded from the Police High School for a tattoo on the back of a foot, done at the age of 16 and removed in the meantime.
In December 2018, the aspiring policewoman participated in the competition for 80 positions, but the medical commission had declared her unsuitable for tattooing "in an area not covered by the uniform" despite the fact that the candidate had already started the cancellation procedure, with the laser, with the last session about a month before. The Tar first accepted the precautionary appeal (and Bergami was readmitted with reserve to the competition and then to the courses) then also on the merits, in February 2020.
But the Council of State later reversed the decision , stressing that the tattoo was not covered by the uniform . The Council of State had also rejected, in the summer of 2022, an appeal "for revocation" by Bergami.
The Cassation, in its order, says it is "aware of the fact that the limiting provisions on tattoos involve the issue of constitutional freedoms, in particular freedom of expression, and that, precisely for this reason, the judge must avoid, in the moment of interpretation , restrictive readings of the regulatory legislation which result in a discriminatory outcome for women who intend to access the State Police, taking into account the different female uniform which, in some cases, does not cover identically to the trousers ». However, the Court still deems the judgment of the Council of State non-challengeable.
(Unioneonline/D)