La Asociación italiana de Controladores Aéreos ha emitido un comunicado de prensa relativo a “Just Culture” en aviación en comparación con el sector sanitario, tema que fue objeto de debate en un encuentro organizado ANACNA el pasado 20 de noviembre en Roma.
Transcribimos a continuación la nota de prensa integra en inglés.
Más información sobre la asociación italiana de Controladores Aéreos en http://www.anacna.it/index.php
ITALIAN AIR TRAFFIC CONTROLLERS’ ASSOCIATION
MEMBER OF IFATCA INTERNATIONAL FEDERATION OF AIR TRAFFIC CONTROLLERS’ ASSOCIATIONS
“The negligent liability, warranty positions and cause-contribute profiles, in complex activities of organizations at risk allowed. Two experiences in comparison, the aviation sector and the health sector”
Thanks to a fruitful cooperation between ANACNA, University of Bologna, Military Study Center of Aviation (CESMA) and the Higher School of Magistracy, in November, the 20th, at the Centre for High Defence Studies – ROME – was held a day of professional development for judges.
The aim of the day was to put in comparison two different professional realities, the aviation sector and the healthcare sector, characterized by a common and a high degree of risk, so-called risk assets allowed.
Professions, in fact, they did emerge in the time, profiles of these culpable criminal liabilities to determine legal issues of common interest and of particular relevance and difficulty.
The meeting, in a separate program of two different thematic sessions, the first dedicated to the ATM sector and the second in the health sector, has seen the massive presence of judges, health workers and field experts.
Broad and first-level contributions of the speakers, including the President and two members of the Fourth Criminal Chamber of the Supreme Court.
Has been analyzed the complexity of the technical regulations of the aviation, from its origins both nationally and internationally, and the interpretation which it gave to, the case law over time.
In line with the view taken by the international community were presented to the audience the approach to the principles of ” JUST CULTURE ” (Mr. Roderick van Dam – Chairman of EUROCONTROL Just Culture Task Force and former head of the legal department of Eurocontrol), and the practical application of these principles of case law (Mr.Fred Bijlsma , senior public prosecutor , Nationwide Coordinating prosecutor for aviation -Nederland) .
In the afternoon session was treated the causation in intentional crimes of omission culpable and analysis of events with a counter-factual approach in the determination of the causes .
Interestingly, in addition, also the discussion of the rule in Art.3 of the Law of 8 November 2012, n . 189 which states that “The operator of the health care profession that in the conduct of its business adheres to guidelines and best practices accredited by the scientific community is not liable for criminal negligence .”
In this connection it seemed obvious the complexity evaluation of the underlying norm . 2
It is, however, showed a consistency of case law by the Supreme Criminal Court aimed at privileging the positive aspects of the standard.
Communicate, communicate, communicate, this is the invitation that was addressed to each other at the conclusion of the meeting, with the commitment (we immediately received requests in the days to follow on this), to continue mutual cooperation aimed at achieving the common objective in the interest of the community.
ANACNA, always attentive to what is happening both nationally and internationally, is promoting each eligible extension of that understanding, proud to be a success in this great starting point and confident in a collaborative future, responsible for the development of a process of change, of paramount importance, which must be conducted in the unity of intent.
ANACNA (Associazione Nazionale degli Assistenti e Controllori della Navigazione Aerea), fondata nel 1959, è l’unico organismo tecnic o-professionale del controllo del traffico aereo in Italia che non riveste alcun carattere politico, sindacale o di lucro. Al suo interno raccoglie un migliaio di professionisti, civili e militari, controllori ed assistenti al traffico aereo nazionale. L’Associazione collabora con tutti gli organismi e le realtà operanti nell’ambito dell’assistenza al volo, proponendosi come scopi principali la sicurezza e l’efficienza della navigazione aerea e lo sviluppo dei mezzi e delle procedure per un sicuro, economico e spedito Controllo del Traffico Aereo, Via Camilla 39 – 00181 Roma – Tel. +39.06.7842963 – Fax +39.06.7803094 – www.anacna.it – firstname.lastname@example.org