ONLY A FAIR EU HAS A FUTURE : THREE DECADES OF DISCRIMINATION IN ITALIAN UNIVERSITIES
SOLO UN’UNIONE EUROPEA GIUSTA PUÒ AVERE UN FUTURO : TRE DECENNI DI DISCRIMINAZIONE NELLE UNIVERSITA’ ITALIANE
SANS JUSTICE, PAS D’AVENIR POUR L’UNION EROPEENNE : Trois décennies de discrimination dans les Universités italiennes
Timeline – 3 decades of discrimination in Italian Universities, 4 Italian laws, 6 ECJ judgments and over 1, 000 court cases in Italy
1) 1980 Italian law Art 28, DPR 382 annual contracts for lettori renewable a maximum of 5 times – salaries cannot be exceed than that of associate professors.
2) 30 May 1989 (ECJ): Pilar Allué + 1 v University of Venice – Art 28 is in contrast EU Treaty since Italian workers do not have a 5-year renewability clause.
3) 2 August 1993 The ECJ in Allué II° v University of Venice, declares annual lettori contracts illegal since Italian teachers enjoy open-ended contracts.
4) 21 June 1995 Italian law 236 passed which abrogates Art 28 and offers priority to lettori in the selection process for new contracts as ‘linguistic experts’.
5) 14 January 1999, Venice Regional Tribunal (following principles laid down by ECJ on 27 November 1997) on David Petrie+2 rules that 3 British teachers were illegally prevented from having their applications considered for a teaching post.
6) 26 June 2001 The ECJ in Commission (supported by the UK) v Italy, rules that Italy has failed to uphold its Treaty obligations – mere priority in a selection process does not safeguard the acquired rights of the lettori.
7) 5 March 2004, law 63 – lettori – are entitled to minimum salary of tenured researchers acquired rights to be recognized from the first day of their employment.
8) 18 July 2006, The ECJ in Commission v Italy rules that Italy failed to uphold its Treaty obligations, but that law 63 of 2004 provides an adequate framework for the application of ECJ judgment
9) 15 May 2008 The ECJ, Belgian citizen, Nancy Delay, entitled to the same treatment as national workers –employment relationship must be considered as one single relationship regarding seniority increments, social security rights and pension.
10) 29 January 2011 law 240 of 2010 “the Gelmini Reform” – comes into force, re-interpreting law 63 of 2004 and judgment of the ECJ, “extinguishes” rights of lettori to have their legal claims adjudicated in a court of law.
See also European Parliament Petitions Committee Report on EU citizenship, 6 January 2012, Dismantling the obstacles to EU citizens rights – A7 –0047/2012