ITALY BARONS SLASH UK LECTURERS' PAY

Old lags: Catania's ancient coat of arms

ROME -- Thirty-one British and 58 other non-Italian lecturers at Italian universities have had their salaries cut by up to 60 percent following application of an Italian "race law." The universities of Catania, Salento and Bergamo suspend full payment of foreigners’ wages in the biggest such rash of discriminatory salary cuts since 1995, ALLSI, the foreign lecturers’ in Italy trade union disclosed.

  -- In Sicily, 44 lettori , 16 of them British, working at the ancient University of Catania, found a reduction of 50 percent in their March 2013 pay packets.

 Ann Davies, 58, from Gwent, South Wales, who teaches at Catania said: “I feel totally demoralised by the constant discrimination and harassment we have had to put up with over the years. I now have a take home pay of 976 euros (819 pounds sterling) -- the same as I was getting 27 years ago when I started in Catania, a decent enough salary at the time.

 -- In Salerno, 38 lecturers at the University of Salento, 10 of them British, suffered similar cuts of 50 percent reducing their net pay to 1005 euros per month (844 pounds sterling). Forty-seven year old, George Metcalf, from London, who has been working at the University of Salento for 22 years said: “After nearly twenty years of litigation, writing to my MPs and MEPs and just as I thought progress was being made, my pay gets cut in half and I am told that I don't have any rights after all. Italy's appetite for flouting European principles is truly astounding.”

  -- In Lombardy, as many as nine lettori at the University of Bergamo , five of them British, had their salaries reduced by as much as 60 percent since May 2011. They are still entangled in litigation for restitution.

  Forty-three year old Judith Evans from Newark-on-Trent , who teaches at the University ofBergamo said: “With just one stroke, the Gelmini law wiped out seventeen years of time, money and energy spent on litigation in the Italian courts, which had in 2008 brought our salaries on a par with our Italian colleagues. Now, we feel as if we have been robbed of everything that the judges had said we were entitled to, including our basic right to turn to a court of law."

  For over 25 years non-Italian lecturers (known as lettori) working in Italy’s universities have been subjected to unfair and unequal treatment in breach of EU single market rules. The European Court of Justice (ECJ) has found Italy to be discriminating against non-Italian nationals in 6 cases. The ECJ rules on the principles of Community law while the member states are tasked with its application. If the member state does not unilaterally implement ECJ judgments citizens can seek enforcement in the domestic courts.

 Hundreds of UK and other lettori in over 20 Italian universities have been seeking enforcement orders for the last 25 years. Now this process is being thwarted by the Gelmini law, (named after Italy's ex-Higher Education Minister Mariastella Gelmini), (law n. 240/2010) which came into force on Jan. 29, 2011. Article 26 of this law “extinguishes” ongoing lawsuits specifically and exclusively to the lettori “ a category of workers found by the European Court of Justice, to be, by definition, non-Italian.

 The law’s legitimacy has been questioned on four fronts:

 -- Italian president, Giorgio Napolitano questioned its constitutionality, even though he signed it into law. -- The law is currently being examined by the European Commission as it appears to conflict with the Treaty on the Functioning of European Union (TFEU)

 -- Numerous Italian lower courts have suspended lawsuits pending an opinion from the Italian Constitutional Court, which has so far declined to rule on the constitutionality of Article 26.

 -- The Italian Supreme Court of Cassation, in a ruling dated Nov. 20, 2012, published Feb. 7,declared for the “extinction of the lawsuit” in one particular case involving theUniversity of Padua. The Supreme Court nevertheless expressed doubts concerning the constitutionality of Article 26 or its conformity with the European Convention on Human Rights.

 David Petrie, 61, from Dumbarton in Scotland, who teaches at the University of Verona, and chairs ALLSI said: “It is a scary that this law ever reached a statute book in any European State. It specifically and exclusively targets a group of non-Italian workers to rob them of their salaries and pensions, and - ominously for all EU migrant citizens - block their access to justice. It is a race law both in purpose and in effect. No Italian worker in these Universities is missing a single euro from his March pay packet.”

 “I am writing to UK Minister for Europe, David Lidington, who received us at the Foreign Office in London in October 2010, informing him of these new measures. Minister Lidington and the UK Education Minister, David Willetts have tirelessly been raising the issue with their Italian counterparts during Prime Minister Mario Monti's tenure. I am entirely satisfied with their efforts and am confident that the UK government will pursue this most recent and alarming departure from the rule of law until right prevails over wrong,” Prof. Petrie said.

jp

Respectable facade: Catania university
Demoralised by harrasment: Ann Davies

The cuts at Catania were decided and effectuated by the outgoing administration. Our hope now is that the new administration will review the quesion, individuate the blatant error of judgment that led to the decision and revoke the deliberation.

The above cases clearly depict a tendency among Italian unversities to manage budget cuts by ensuring that it is the foreign staff who bear the brunt of the "austerity". This has been facilitated by the unsatisfactory legal situation, as the article also makes clear. The involvement of European institutions is most welcome, but it needs to be made clear to the Italian government that any further backsliding on this issue is unacceptable.

The Gelmini Law is just the most extreme form yet – and the most clearly illegal – of the delaying tactics that Italy and its universities have adopted for decades to discriminate against foreign-language lecturers, Lettori. Gelmini was a minister under Berlusconi – who better to learn from in turning the country’s dysfunctional legal system to advantage in gaining effective impunity? There is a LAW on the Statute book, No. 63/2004, introduced by Italy to get off the hook and avoid swingeing fines, at the time that a second infringement proceeding was brought by the European Commission over the Lettori issue. That law only needs to be applied by the universities for this whole business to be settled. The Gelmini Law provision on Lettori was a desperate chicanery to put that eventuality off, given that the widespread litigation by Lettori was in places at last coming to an end in their favour, after many years of costly wrangling through the seeming interminable series of different courts. The Italian State and its universities have a simple policy on Lettori: they want us worn down in the courts, retired or dead (how many so far, I wonder? – 2 colleagues in Milan have died already before seeing the end of their interminable court cases). So what could they do but come up with the Gelmini Law? Yes, it’s grotesque, but it’ll waste more years of our lives, wear a few more people down, see even more Lettori retire or die, and that’s all they care about. The only thing which would change their minds is serious political and economic pressure from the other Member States whose citizens are being thus mistreated, and from the European Commission in the form of another infringement proceeding – the third! Hello, Brussels! – is there anybody there who cares about the future of the European project?

Clearly,  we lettori at Bergamo University were only the northern tip of the iceberg. Now Catania and Salento. Who’ll be next?In April 2008, after fourteen years in litigation, our salaries were finally brought in line with those of other Italian university teachers as the result of a court ruling. We thought justice was finally being done, and that all the time, effort and money that we’d been putting into our court case was finally paying off. Alas, this sense of justice was short-lived. Very short-lived, indeed: only 3 years.  In April 2011, the University promptly used the made-to-measure Gelmini Law to slash our salaries by up to 60%. Needless to say, with an utterly devastating effect on our lives. Back to square one. Back to being paid a pittance and denied a salary we are legally entitled to, certified by Italian courts and negated by Italian universities, with the backing of an Italian law.Not only has the Gelmini Law wiped out our salaries, it also wiped out our right – the right of a group of non-Italian nationals - to seek redress in the Italian courts, something no country which calls itself a democracy should tolerate, and which no union of democratic countries should tolerate, either. The EU would prefer the matter to be sorted out locally without having to intervene directly, but surely the time has come for direct intervention. If the EU does actually exist in practice, that is, and not just on paper. After all, if parity of treatment and freedom of movement for workers within the EU doesn’t exist for language teachers, then who can it exist for?The Gelmini Law  is simply the last in a long line of very similar laws. In a quarter of a century, we’ve seen our rights constantly bypassed by ad-hoc measures taken by successive Italian governments – left as well as right - which appear to comply with European law against discrimination, but in actual fact evade its implementation.All previous Italian governments have ever done is simplysidestep the issue and play for time to drag things out the duration of the current government in order to pass the buck on to the next. In the meantime, we’ll get rid of a few more of these nuisance-making foreigners who’ll either retire or run out of money to pay legal fees or simply die. The only difference now is that there is no next government to pass the buck on to. And probably won’t be for some time. Perhaps we should ask President Napolitano to appoint an eleventh ‘wise man’ (or even a ‘wise woman’, perhaps) to examine the unsolved lettori issue?By the way, of the seventeen lettori at Bergamo involved in litigation, only 7 are still working: 8 have retired, 1 has got another job and 1 has died. It rather looks like Italy’s policy so far is working, isn’t it? Susan PerzolliUniversity of Bergamo 

Clearly,  we lettori at Bergamo University were only the northern tip of the iceberg. Now Catania and Salento. Who’ll be next?In April 2008, after fourteen years in litigation, our salaries were finally brought in line with those of other Italian university teachers as the result of a court ruling. We thought justice was finally being done, and that all the time, effort and money that we’d been putting into our court case was finally paying off. Alas, this sense of justice was short-lived. Very short-lived, indeed: only 3 years.  In April 2011, the University promptly used the made-to-measure Gelmini Law to slash our salaries by up to 60%. Needless to say, with an utterly devastating effect on our lives. Back to square one. Back to being paid a pittance and denied a salary we are legally entitled to, certified by Italian courts and negated by Italian universities, with the backing of an Italian law.Not only has the Gelmini Law wiped out our salaries, it also wiped out our right – the right of a group of non-Italian nationals - to seek redress in the Italian courts, something no country which calls itself a democracy should tolerate, and which no union of democratic countries should tolerate, either. The EU would prefer the matter to be sorted out locally without having to intervene directly, but surely the time has come for direct intervention. If the EU does actually exist in practice, that is, and not just on paper. After all, if parity of treatment and freedom of movement for workers within the EU doesn’t exist for language teachers, then who can it exist for?The Gelmini Law  is simply the last in a long line of very similar laws. In a quarter of a century, we’ve seen our rights constantly bypassed by ad-hoc measures taken by successive Italian governments – left as well as right - which appear to comply with European law against discrimination, but in actual fact evade its implementation.All previous Italian governments have ever done is simplysidestep the issue and play for time to drag things out the duration of the current government in order to pass the buck on to the next. In the meantime, we’ll get rid of a few more of these nuisance-making foreigners who’ll either retire or run out of money to pay legal fees or simply die. The only difference now is that there is no next government to pass the buck on to. And probably won’t be for some time. Perhaps we should ask President Napolitano to appoint an eleventh ‘wise man’ (or even a ‘wise woman’, perhaps) to examine the unsolved lettori issue?By the way, of the seventeen lettori at Bergamo involved in litigation, only 7 are still working: 8 have retired, 1 has got another job and 1 has died. It rather looks like Italy’s policy so far is working, isn’t it? Susan PerzolliUniversity of Bergamo