ROME – The European Commission will pursue infringement proceedings against Italy for discrimination against foreign lecturers until the Italian universities “fully implement” back payments in compensation due to the lettori, Nicolas Schmit, the European Commissioner for jobs and human rights said this week.

 “The Commission decided in September 2021 to send a letter of formal notice to Italy for failing to comply with EU rules on free movement of workers (Regulation (EU) No 492/2011) for the Lettori,” Mr Schmit said in a letter of response Monday to a query by the Irish MEP Maria Walsh.

 “Under EU law, EU citizens who exercise their right to free movement must not be discriminated against because of their nationality as regards access to employment and working conditions,” Schmit added.

 “In its ruling in case C-119/04, the Court of Justice stated that Italian law no. 63 of 2004 provides an acceptable framework for the so-called reconstruction of careers of Lettori in Italian universities. This law allows for the adjustment of their salary, seniority and corresponding social security benefits to those of a researcher under a part-time contract, and it grants them the right to back payments as of the start of their employment.”

 “However, a considerable number of Universities still haven’t implemented these provisions. The question of the collective agreement is one of the issues under examination in this infringement procedure.”

 “The aim of this procedure is to make sure that Italy fully addresses the shortcomings identified by the Commission and fully implements the ruling of the Court of Justice in case C-119/04 for the relevant Lettori,” Mr Schmit continued.

 David Petrie, Chair of the Association of foreign lecturers in Italy, ALLSI, said “Our thanks are due to Irish deputy Maria Walsh MEP and to Commissioner Schmit.”

  “To suggest that collective contracts is the issue, is at best disingenuous  (collective contracts signed, disgracefully, by the Italian trade unions have already been declared illegal by the European Court of Justice). The ECJ ruled that pegging our salaries and pensions to the minimum of that enjoyed by tenured researchers conforms to EU law.”

 “Italian national tables stipulating remuneration for Italian researchers are automatically applied, year in year out. Applying those tables to the lettori - a category of non-Italian workers - would be the simplest solution. This would put an end to the illegal discrimination as adjudicated by the ECJ, but it would require funding.”

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