David Petrie: Association of Foreign Lecturers in Italy

For Sale? University of Padua

February 10, 2010 · Leave a Comment

text in English & Italian

The University of Padua is bust.

On Friday 29 January 2010 the Vice-Chancellor of the University of Padua, Giuseppe Zaccaria, sent a letter to all his staff and students  saying he can’t pay for the 12 years of arrears on  salaries to 14 of his non-Italian teaching staff.

Il Magnifico Rettore, Università degli Studi di Padova, Giuseppe Zaccaria, Professor of General theory of Law.

The back-pay with interest amounts to 5 million 112.828 euros and was ordered by a Padua Labour court and subsequently confirmed by the Court of Appeal.

SEE: La Stampa and The Guardian   31.01.2010  

http://www.lastampa.it/_web/cmstp/tmplrubriche/scuola/grubrica.asp?ID_blog=60&ID_articolo=1273&ID_sezione=255&sezione  

http://www.guardian.co.uk/world/2010/jan/31/british-lecturers-italy-pay  

Anyone would think that the judgment – which provoked the Vice-Chancellor to call Friday’s   “extraordinary” meeting of the Administrative board -  was to deal with an recent unforeseen  and unforeseeable emergency.   

Not so. The Padua Labour court decision was taken almost four years ago, on 17 February 2006! 

And don’t tell me the board failed to notice six judgments of the European Court of Justice – three of them from the region of Veneto where Zaccaria presides;  three resolutions in the European Parliament and over one thousand court cases in over 20 Italian universities in the last twenty years. 

The Vice-Chancellor emphasised that the decision to ask the Italian government to bail them out was taken ‘unanimously’ by the Administrative Board.   

This plea would have been more convincing, and perhaps more effective, if it had it been accompanied by the unanimous decision of the Administrative Board to tender its resignation.

Evidently falling on one’s sword is no longer fashionable in these parts.  

And what has the University done to mend its ways? 

The arrears due cover only a period dating back from 1992 up until 2004.

The University of Padua has not updated the 14 foreigners’ salaries in accordance with the Court decision – thus leaving the door open to another law suit for arrears on wages, court costs and interest.

Should the Italian government ignore Padua’s plea – and similar ones coming from over twenty other Italian universities – then the Vice-Chancellor will have to consider going into receivership or selling off assets.

Padua University’s Botanical Gardens, dating back to 1545, would get him out of a hole as would selling off the furnishings done by Italy’s great architect and designer, Gio Ponti

Newer Italian universities may not be in so fortunate a position.   

 

* * *

Vendesi? Università degli Studi di Padova

L’Università di Padova è alla bancarotta

Il venerdì 29 gennaio 2010 il Rettore dell’Università degli Studi di Padova, Giuseppe Zaccaria, ha inviato una lettera a tutto il personale e agli studenti dichiarando che non può procedere al pagamento  di 12 anni di arretrati sugli stipendi a 14 lettori di madrelingua non italiani.  

Gli arretrati, compresi gli interessi, ammontano a 5 milioni e 112,828 Euro, a seguito di una sentenza emessa dal Tribunale del Lavoro di Padova e successivamente confermata dalla Corte d’appello.  

Qualcuno potrebbe pensare che la sentenza – che ha spinto il Rettore a convocare la riunione “straordinaria” del Consiglio d’Amministrazione di venerdi – riguardasse una situazione di emergenza causata da eventi recenti, imprevisti e imprevedibili.  

Non è così. La decisione del giudice del lavoro padovano risale a quasi quattro anni fa, in data 17 febbraio 2006!

E non mi si venga a dire che il Consiglio d’ Amministrazione non si era accorto delle sei sentenze della Corte di Giustizia delle comunità europee (tre delle quali provenienti dalla regione del Veneto, presieduta da Zaccaria), delle tre risoluzioni del Parlamento Europeo e degli oltre mille casi giudiziari riguardanti oltre 20 università italiane nel corso dei ultimi venti anni.

Il Rettore ha sottolineato che la decisione di inoltrare al governo italiano una richiesta formale di intervento economico per adempiere alla sentenza è stata presa “all’unanimità” dal Consiglio di Amministrazione.

Questa richiesta sarebbe stata più convincente, e forse più efficace, se fosse stata accompagnata dalla decisione unanime del Consiglio di Amministrazione di dare le dimissioni.  

Evidentemente cadere sulla propria spada non è più di moda da queste parti.  

L’Università ha fatto qualcosa per porre rimedio al proprio comportamento?  

Gli arretrati dovuti coprono soltanto un periodo che va dal 1992 fino al 2004.  

 L’Università di Padova non ha ancora adeguato gli stipendi dei 14 stranieri in conformità alla decisione della Corte – il che lascia aperta la porta a un’altra causa legale per arretrati sui salari, spese processuali e interessi.

Qualora il governo italiano ignorasse la richiesta di Padova – e altre simili provenienti da oltre venti Università italiane – il  Rettore dovrà valutare la possibilità di andare in amministrazione controllata o di dare inizio a una cessione di beni.  

La vendita dei Giardini Botanici dell’ Università di Padova, creati nel 1545, potrebbe tirarlo fuori da questo impiccio, così come la vendita  degli arredi creati da Gio Ponti, grande architetto e designer italiano.  

Le Università italiane create più di recente potrebbero trovarsi in una posizione non altrettanto fortunata.   

ENDS

 

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The other Bologna process – bolognese flavoured hypocrisy

February 5, 2010 · 6 Comments

I thought it was a bit rich at the time – when on 19 July 1999 The University of Bologna hosted the conference of European ministers of higher education which eventually led to the Bologna Declaration and the Bologna Process; a process aimed at creating the European Higher Education Area based on cooperation between ministries, higher education institutions, students and staff.

On 12 October 1993, Law Professor and Vice-Chancellor of Bologna University , Fabio Roversi-Monaco sacked seventy-four of his foreign lecturers in response to a European Court of Justice ruling which stated that employing foreign teaching staff on short-term contracts – while Italians enjoyed open-ended employment – was in breach of EU single market rules outlawing discrimination based on nationality.

Background – celebrating 10 years of the Bologna process

Roversi-Monaco  then offered the sacked foreigners open-ended contracts as technicians. Neat.

As they say in these parts “the law is something you interpret for yours friends and apply to your enemies”.

65 were re-instated by an injunction – fired again – and re-instated.

All of this was getting Bologna and Italy a rather bad press – see for example: 10 July 1998, The Times Higher Education Supplement, Bolognese flavoured corruption,
http://www.timeshighereducation.co.uk/story.asp?sectioncode=26&storycode=108191

A Ministerial conference, a lofty Bologna Declaration and a Bologna process – just the ticket to keep people’s minds off the biggest mass sacking of foreign EU workers (with ECJ judgments in their favour!) in the history of the European Union.

Twenty-eight of those sacked (who refused to sign Roversi-Monaco’s offer they couldn’t refuse)  are still fighting in Italian courts today.

 They will meet in Bologna on 13 March 2010, to coincide with the conference being held in Austria and Budapest 11-13 March where European ministers gather to celebrate  the tenth anniversary of the Bologna process.

European Voice published 4 February 2010: Education reforms are far from successful. The Bologna process is failing lecturers in Italy.

http://www.europeanvoice.com/article/imported/education-reforms-are-far-from-successful/67056.aspx

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Chris Bryant UK Minister for Europe meets British lecturers from Italy

February 3, 2010 · 2 Comments

David Petrie  and Victoria Primhak Ph.D present UK Minister for Europe Chris Bryant with a dossier, at the Foreign and Commonwealth Office, London:

“Foreign lecturers in Italian universities: the biggest case of mass discrimination based on nationality in the history of the European Union”.

HOW THE WEEKEND WENT: Friday 29 January 2010, we have printed and bound 55 press cuttings going back to April 1993  to give to  Chris Bryant on Monday at 10.30. We are ready and I’m now looking forward to an easy weekend.

My google alert flags up somthing in the University of Padova or Padua as we Brits call it – better have a look. Bang goes the quiet weekend. Press releases are hard work.

Monday morning. We are shown into Chris Bryant’s office. He greets us with a loud  ”buon giorno” and laughs before sitting us down on a leather sofa.  Positioning himself on our left, he spreads back the palms of his hands, looks us straight in the eye and says:

“Well, you don’t have to lobby me”.

Good stuff. I can keep my bag full of documents closed.  His officials have clearly done their job.

Has he seen this morning’s Guardian, we inquire, we’ve brought you a copy? Read it over breakfast, he nods – and we’re straight into the politics of getting a state to honour and respect  the fundamental principles it signed up to in The Treaty of Rome on 25 March 1957.

He’ll be raising the matter with the competent Italian ministries and writing an article for the Italian press. Our warm thanks to Mr Bryant and his officials whom we’ll be working closely with over the next few weeks.

Verona, 3 February 2010

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2010 could be breakthrough year for “lettori” in Italian Universities

January 4, 2010 · 17 Comments

I am pleased to announce that British politicians are showing strong support for those non-Italian lecturers known as “lettori” still suffering discrimination based on nationality in most of Italy’s universities.

The British Foreign Office issued this statement, “Europe Minister Chris Bryant has agreed to meet with the “lettori” this month. He is sympathetic to their concerns and will be raising the issue with his Italian counterpart.

The meeting between ALLSI (Association of Foreign Lecturers in Italy) will take place on 1 February 2010 at 10.30 in London.

Chris Bryant MP Minister for Europe

http://www.chrisbryant.co.uk/

We have also secured the support of Shadow Foreign Secretary William Hague.

Following recent meetings with the government in London and the European Commission in Brussel I feel that the year 2010 may well be a breakthrough for our campaign and for equal treatment and fairness in the European Union. For almost 30 years we have been up against the persistent refusal of the Italian university authorities to pay foreign lecturers on the same scale as Italian lecturers, to recognise continuity of employment and to hold fair competitions for full academic post – all of which have been found to be in breach of European law and are, without doubt, the clearest mass systematic breaches of the EU Treaty. If you scour the websites of British Universities you will find scores of Italians teaching in British universities. I know of not one single complaint from one single Italian citizen claiming he/she is being discriminated against because of his/her passport. Yet in a sample 255 non-Italians working in 18 universities shows that 83% are still not receiving equal treatment under the European Treaty, despite a record 7 judgments of the European Court of Justice. We thank all of the  British politicians who are supporting us – it’s not about right and left, it’s about right and wrong.

The campaign received a major boost from Shadow Foreign Secretary Mr. William Hague who said  “Where British citizens have been denied the rights they are entitled to because an EU Member State has failed to implement EU law properly the British Government should raise the matter with the relevant Government. The Government needs to address the situation of British lecturers in Italy. The principle of non-discrimination on grounds of nationality is crucial to the Single Market. All EU Member States have a duty to uphold it.”

The Right Honourable William Hague MP Shadow Foreign Secretary

http://www.conservatives.com/People/Members_of_Parliament/Hague_William.aspx

Mr Peter Kilfoyle  MP who has promised to support our campaign in the House of Commons said “This disgraceful denial of the rights of British academics in Italy must end. For too long, British governments of left and right have failed to stand up for these British citizens working abroad. I call upon the Foreign Secretary to make a firm commitment on this and end this injustice once and for all.

Peter Kilfoyle MPhttp://www.peterkilfoyle.com/

Italian lawyer, Professor Lorenzo Picotti who has represented the lecturers in the European Court of Justice and in hundreds of cases in Italy, said “Each EU member state must ensure that decisions of the European Court of Justice are respected and effectively implemented. This is an essential principle not only for the lecturers working – or who have worked – for years in the Italian universities and have had to fight again and again against discrimination. The future development of the European Union, after the coming into force of the new Treaty of Lisbon, is at stake here.”

 Background

Hundreds of non-Italian lecturers working in Italian universities known as “lettori” have been denied parity of treatment with their Italian counterparts for three decades. Employed under an Italian decree law of 1980 they have been seeking parity of treatment under EU single market rules, with regard to salary scales, pensions and social security rights and access to jobs. The European Court of Justice (ECJ) has ruled on lettori cases a record of seven times (see http://www.allsi.org/allsi_about.html )

Italy abrogated its offending 1980 decree in 1995 replacing it with a law which the lecturers alleged downgraded them to the status of technicians. The ECJ ruled in 2001 that this 1995 Italian law failed to guarantee the non-Italian citizens equal treatment and that Italy, the Court ruled, had therefore failed to uphold its Treaty obligations. Italy brought in further legislation in 2004. 

This 2004 legislation resulted in a call from the ECJs Portuguese Advocate General, Poiares Maduro to fine Italy €309,750 per day until the discrimination ceased. The ECJ in a judgment of 18 July 2006 declined to do so saying that it had not been demonstrated that Italy’s infringement had continued up until the date in which the Court examined the facts. The ECJ ruled further that the 2004 legislation did provide a legal framework for paying the lecturers arrears in wages and regularizing their social security and pension rights.

However, the lecturers met officials of the European Commission in Brussels on 11 November 2009 and Foreign Office officials in London on 8 December 2009 and deposited a dossier showing that in a sample of 255 lettori in 18 Italian universities 83% were still clearly being denied their rights as interpreted by the ECJ.

 David Petrie,  ALLSI chair www.allsi.org

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The Bologna process (1) – Hung out to dry

January 21, 2010 · 1 Comment

An ingress of water into my office saturated my press cuttings – so everything has been hung out to dry.

One piece, drying between two towels, is an article from The Times Higher Education Supplement, 13 February 1998, reporting on  a forum held at  Bologna University on the professional status of foreign lecturers.

It quotes former director of Florence University’s language teaching centre, Cesare Cecioni, addressing 125 foreign lecturers assembled in Bologna  as follows:

“If you were ever to apply for promoted posts you would have no chance of success. As we would be judging you, it would simple be the slaughter of the innocents”

To people unacquainted with Italian universities this must seem eccentric … bizarre even, but Prof.  Cecioni is just saying how things are.

Full article:

 http://www.timeshighereducation.co.uk/story.asp?storyCode=105879&sectioncode=26

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Neil MacCormick 27 May 1941 – 5 April 2009

April 7, 2009 · 6 Comments

neil-maccormick-photo

 
PROFESSOR SIR NEIL MacCORMICK Q.C.
27 May 1941 – 5 April 2009
 
Hundreds of Foreign Lecturers “lettori” in Italian Universities received news of the death of Professor Sir Neil MacCormick on 5 April 2009.
 
A distinguished world class scholar in the field of jurisprudence, Neil MacCormick was approachable, affable and great fun to be near. As a member of the European Parliament, he championed the cause of “lettori” who were and are being denied equality of treatment – in flagrant breach of European Union single market rules.
 
Quick witted and humorous I remember sitting in the public benches of the European Parliament on 27 October 2007 watching him. The Italian politicians had been horse-trading all week in order to get the following clause into a resolution condemning Italy’s failure to uphold the law:
 
whereas the Italian Government claims that its obligations towards “lettori” have been fulfilled on the basis of its law No 236/95 that fully applies the principles of the Treaty
 
It being a Friday, all but one of the Italian members – to the fury of the parliament – had dogged off home for the weekend, thinking they had done the best they could in “damage limitation”
 
Quick as a flash, MacCormick tabled a one word amendment which was seconded and carried by the members at the Strasbourg Plenary:
 
whereas the Italian Government unconvincingly claims that its obligations towards “lettori” have been fulfilled on the basis of its law No 236/95 that fully applies the principles of the Treaty
 
The European Court of Justice subsequently annulled the offending law – but refused to impose fines of over 300,000 euros a day as requested by the Court’s own Advocate General, a decision which Neil told me was “mince” and which he followed up with a vigorous statement for the press.
 
 
Laughing all the way from the chamber we met up in the bar and enjoyed a bottle of bubbly, with Neil and his wife Flora.
 
I last saw Neil and Flora in at their home in Edinburgh in February when Neil was already diagnosed with terminal cancer. Still jovial and philosophical, he expressed his regrets that Italy had still not been brought to book.
 
He will be enormously missed by all those who knew him both in private and public life.
 
David Petrie, 7  April 2009

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