“Cherry picking” in the EU – “Gelmini” Italy’s race law

The BBC, 6 November 2016, quoted Michel Barnier, Commissioner for the single market, (2010-14) and now chief negotiator for Brexit as saying “The single market and its four freedoms are indivisible. Cherry picking is not an option.” Brexit: EU negotiator says ‘time’s short’ for reaching deal

“You can’t have your cake and eat it “ was the other cliché being rolled out.

But you can.

Infringing regulations you have signed up to is always lamentable – but this is at its very worst when these regulations have been ruled upon by a Supreme Court.

6 times condemned in the Court of Justice of the European Union for infringing EU single market rules with regard to lettori, Italy’s response;

The Gelmini law n. 240 of 2010, article 26, which came into force on 28 January 2011.

This race law applies to non-Italian workers – it extinguishes the court cases of lettori seeking application of the 6 CJEU rulings.

This law closes down the right of the applicants to have their claims for compensation assessed in a domestic court of law.

To be fair, some Italian judges have refused to apply Gelmini

The then President of the Italian Republic, Giorgio Napolitano, questioned its constitutional legitimacy before promulgating Gelmini.

Expert opinion on Gelmini:

Peter Ferguson QC. “An astonishing statutory provision. If other Member States follow Italy’s example, the European project and more importantly, the rule of law are endangered”

Peter Ferguson QC

Peter Ferguson QC

 

 

 

 

 

Professor Brad K Blitz “ …in conflict with Article 6 of the European Convention on Human Rights … undermines the primacy of EU law”.

Professor Brad Blitz

Professor Brad Blitz

 

 

 

 

 

Professor Noreen Burrows OBE “…has the potential to undermine the authority of the European Court of Justice by appearing to allow Member States to reinterpret the decisions of the Court to suit their purpose of perpetuating discrimination”.

Professor Noreen Burrows OBE

Professor Noreen Burrows OBE

Countdown to the 6th anniversary of the Gelmini race law coming into force … 72 days.

 

 

 

 

 

 

 

 

 

 

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