Translated by Andrea Solazzo
On 3 October 2024, the European Commission referred Italy to the Court of Justice of the European Union, accusing the country of violating EU law.
This represents the last step in a long process, known as an infringement procedure, which can last several years. Under EU law, only the Commission has the power to go to the Court of Justice of the European Union when it considers that a member state is not complying with EU law. In fact, the Court of Justice is the only competent authority to rule on such matters.
However, it is essential to guarantee the country concerned the right to defence. In the specific case of Italy, the European Commission sent a first letter of formal notice to the Italian authorities in July 2019, followed by a second in December 2020. Subsequently, a reasoned opinion was issued in April 2023. Notwithstanding this, due to Italy's persistent non-compliance, the Commission decided to bring an action before the Court of Justice to have the breach of EU law recognised and to ask for compensation, considering the response provided by the Italian authorities to be unsatisfactory.
The Commission accuses Italy of an abusive use of fixed-term contracts and of discriminatory working conditions, in breach of Council Directive 1999/70/EC. In particular, the Commission highlighted the situation of public-school teachers employed on fixed-term contracts, who are excluded from salary progression based on previous periods of service, in stark contrast to their permanent colleagues who benefit from such advancement. Furthermore, the Commission criticises Italy for not having implemented effective measures against the reiteration of fixed-term contracts in state schools.
This issue triggered a heated debate in the Italian Parliament. On the one hand, Education Minister Giuseppe Valditara argues the need to reform the teacher recruitment system, reducing the rigidity introduced by the PNRR-related reform, and intends to solve the problems inherited from previous governments, especially M5S and PD. On the other hand, the opposition claims that the system introduced in 2017 by the M5S and PD governments was a solution to reduce precariousness but was then dismantled by the current Meloni government.
The numbers, however, are unequivocal: precariousness continues to grow exponentially. In 2015-2016, there were around 100,000 precarious workers in the school sector, while this year the unions estimate 250,000, compared to the 160,000 reported by the Ministry.
In any case, it is crucial for the Court of Justice of the European Union to rule on Italy's compliance with EU law, to determine whether the country is actually in a situation of non-compliance and whether it should therefore be sanctioned or not.
Mondo Internazionale APS - Riproduzione Riservata ® 2024