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About ALLSI
FOREIGN
LECTURERS IN ITALIAN UNIVERSITIES: 18
YEARS OF ILLEGAL DISCRIMINATION BASED ON NATIONALITY [cliccare
qui per leggerlo in italiano]
SYNTHESIS
In
1980, the Italian state, in order to rationalise its teaching staff,
brought in a law creating a large number of teaching staff employed
under public law. The lettori (foreigners
teaching in their mother tongue) were
excluded from public law
posts but were instead re-deployed by a 1980 decree law with private law
annual contracts renewable for 5 years. The decree stated that their
salaries could not be higher than that of assistant professors at the
beginning of their career. The lettori successfully
challenged this law both in Italian courts and in the European Court
of Justice (ECJ). Italy abrogated its offending law
in 1995 (law no.236) offering lettori
new contracts as collaboratori ed esperti linguistici. Those
refusing to accept the new job, since it attempted to alter their status
and failed to respect their acquired rights, were fired; most were
re-instated by the Italian courts. They successfully challenged law 236 of 1995 and the ECJ, 26 June 2001, ordered Italy to
reconstruct each lettore contract from the first day of the first
contract. Italy has failed to do so and is currently being pursued by the
Commission, which is asking for the imposition of daily fines of 309,750
euros in the ECJ.
Lettori
successfully challenged (in the ECJ and in Italian administrative courts) Italian norms
excluding them from competing in open-competition exams for supply
teaching posts. Despite this, university authorities are still refusing to
implement these binding judgements which have direct effect. There are
approximately 1,000 lettori litigating in the domestic courts.
POLITICAL
HISTORY: European Parliament
1) 9 February, 1993 the European Parliament in Strasbourg receives 65 students and lettori from the University of Verona – a petition is presented to President Egon Klepsch – foreign teachers claim discrimination on the grounds of nationality concerning social security, pensions, security of tenure and progression of career. See photo: lettori present a petition to the European Parliament in Strasbourg on 9 February 1993 (photo courtesy of European Parliament).
2) 13 July 1995, European Parliament passes a resolution on human rights debate concerning abuses and mobbing in the University of Verona. See B4-0968/95. See also the European Parliament's official publication.
3) 15 February, 1996, European Parliament passes a second resolution – concerning general practice of discrimination in Italian universities. See B4-0157, 0194, 0220 and 0235/96.
4)
27 October 2000, European Parliament passes a third resolution condemning
discrimination and instructs the Commission to ascertain whether there are
grounds to prosecute the Italian under
Art 10 of the Treaties for failure to cooperate in applying EU law. See B5-0824/2000.
LEGAL
HISTORY
5)
The lettori were re-deployed under private law on annual contracts renewable
for 5 years. The law (DPR Art 28, 382) stated that their salaries could not be
higher than that of assistant professors.
6) The Italian Constitutional Court in 9 Feb. 1989 declares the 5-year norm illegitimate.
7)
The
European Court of Justice (ECJ): Pilar Allué and Carmel Coonan
v Università degli Studi di Venezia, 30 May 1989 (33/88) finds Art
28 of DPR 382 to be in contrast with Article 48 of the Treaty of Rome
since Italian workers do not have a 5-year renewability clause. See 61988J0033.
8) Lettori continue to be employed under annual contracts. The Italian authorities argue that the ECJ judgment does not specifically prohibit annual contracts.
9)
The ECJ in Allue II° v Univeristà degli Studi di Venezia,
2 August 1993 (C-259/91,
C-331/91 and C-332-92) declares annual lettori contracts illegal
since Italian teachers, enjoy
open ended contracts. The Italian university authorities refuse to
implement. Bologna
University (12 October 1993) even sacked its 78 lettori in flagrant contempt of the ECJ ruling.
See 61991J0259.
10)
Italian law 236 (21.6.95)
abrogates the offending law, Article 28 of DPR 382 and offers priority
to lettori in the selection process for new contracts as
‘linguistic experts’. Lettori
refusing to apply or accept are fired;
28 in Bologna, 25 in Naples Fed. II, 89 in Naples Oriental,
9 in Salerno
and 22 in
Verona.
11)
The ECJ in David Petrie and others v University of Verona
20 November 1997, C-90/96 (in
conjunction with the Venice Regional Tribunal –
14 January 1999) rules
that 3 lettori were illegally prevented from applying for supply
teaching posts. See 61996J0090.
12)
There are currently over 1,000 lettori
litigating. Cases are being systematically blocked by legal
filibustering –
many cases have been in court for over 5 years in breach
of the European Convention on Human Rights.
13) 26 June 2001, Case C-212/99, in Commission (supported by the UK) v Italy – ECJ rules that Italy has failed to fulfil its Treaty obligations concerning the lettori. See 61999J0212.
14) 26 March 2003 Veneto Regional Tribunal (David Petrie and Nicelda Provoste v University of Verona) decides [again! – see note 11] that the University of Verona’s refusal to accept lettori applications is in breach of the EU Treaty rules prohibiting discrimination on grounds of nationality.
15) On 14 January 2004 Italy introduced new legislation which the Commission considers to be inadequate. See 4 February 2004, Commission Press Release: Commission to ask Court of Justice to impose daily fines of €309,750 on Italy in lettori case. See IP/04/164.
16) 1 March 2005, "Consiglio di Stato" in Rome rejects University of Verona's appeal against Petrie + 2 - TAR del Veneto, 14 January 1999.
17) ECJ Judgement 18.07.06: Italy failed to fulfil its obligations under Article 228 EC. See Legal Notice.
Updated 16 November 2006
