Governo Getta Spugna En | Frontaliere Ticino
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Context
Government Drops Case on SIMS Appointments: No Appeal to Federal Court The State Council of the Canton Ticino has decided not to appeal to the Federal Court against the judgment of the Administrative Court (TRAM) that declared the appointments of the SIMS section heads invalid. This decision was announced by the Executive after the publication of the TRAM judgment, which found the evaluation of the appointing authority to be 'unsustainable'. The appointments of the section heads were annulled, and the State Council has decided to hold a new competition for the management of the SIMS. The case was the subject of a lawsuit filed by a citizen who complained of the lack of sufficient checks on the requirements set out in the call for applications for the appointments of the section heads. The lawsuit was successful, and the TRAM judgment found that the evaluation of the appointing authority was not sufficiently accurate. Following this decision, the State Council decided not to appeal to the Federal Court against the TRAM judgment. The case took place in the framework of the 2018 law on public appointments in the Canton Ticino (L. 14.08.2018, n. 108). The law provides that appointments must be made with the necessary guarantees and checks on merit and morality. In practice, this means that the appointing authority must verify that the candidates meet the required requirements and that the evaluation must be carried out in an objective and transparent manner. In this specific case, the evaluation of the appointing authority was found to be insufficient by the TRAM, which established that there had not been an adequate check on the morality and merit of the candidates. The State Council therefore decided to annul the appointments of the section heads and to hold a new co...
Operational details
Government Drops Case on SIMS Appointments: No Appeal to Federal Court The case has been the subject of a long and complex judicial battle, with more than two years of lawsuits and appeals. The first judgment of the Regional Administrative Court of Ticino (TRAM) was published in March 2025, when the court found the appointments of the section heads to be 'illegitimate'. The decision was the subject of an appeal by the Executive against the TRAM judgment. However, the appeal was successful, and the TRAM judgment was confirmed. The appointments of the section heads were annulled, and the State Council decided to hold a new competition for the management of the SIMS (System of Information on Student Mobility). The SIMS is a crucial tool for planning student mobility in the Canton Ticino, with more than 30,000 students using the system every year. The management of the SIMS is entrusted to a specialized team of experts, who work closely with schools and cantonal authorities. However, the appointments of the section heads were criticized for the lack of transparency and impartiality in the appointment process. The TRAM judgment found that the appointments of the section heads were not made in accordance with the applicable regulations, in particular Article 44 of the Regulation of the State Council of June 12, 2019, which provides for the appointment of section heads through a public competition. The judgment also found that the management of the SIMS was not sufficiently transparent, and that sufficient information was not provided to the parties involved. The decision of the State Council to hold a new competition for the management of the SIMS was welcomed by the parties involved. 'This is an important step towards transparency and responsibility in the management...
Key points
Government Drops Case on SIMS Appointments: No Appeal to Federal Court The State Council has announced its decision not to appeal to the Federal Court against the judgment of the Administrative Court (TRAM). The appointments of the section heads of the SIMS were annulled, and the State Council has decided to hold a new competition for the management of the SIMS. The case was the subject of a lawsuit filed by a citizen who complained of the lack of sufficient checks on the requirements set out in the call for applications for the appointments of the section heads. The lawsuit was successful, and the TRAM judgment found that the evaluation of the appointing authority was not sufficiently accurate. The State Council has recognized the validity of the TRAM judgment and has decided not to appeal to the Federal Court. The decision was announced by the Executive after the publication of the TRAM judgment. The SIMS (Service des Impôts de Massima et des Sommes) is a public body responsible for the management of taxes and sums of the Ticino municipalities. Its main office is in Bellinzona, while it also has a secondary office in Lugano. The SIMS is responsible for the management of local taxes, including property taxes, sales taxes, and commercial taxes. The appointments of the section heads of the SIMS were the subject of a lawsuit filed by a citizen who complained of the lack of sufficient checks on the requirements set out in the call for applications. The lawsuit was successful, and the TRAM judgment found that the evaluation of the appointing authority was not sufficiently accurate. The State Council has decided to hold a new competition for the management of the SIMS. The competition will be valid for the Ticino municipalities, including Bellinzona, Lugano, Mend...