EU raps Italy on lecturers' discrimination

ROME -- The European Commission is preparing infringement proceedings against Italy for discrimination against British lecturers working in Italian universities, diplomatic sources say. British Prime Minister David Cameron again raised the plight of the lecturers recently but Italy has made no firm commitment to repeal the discriminatory Gelmini law.
The European Commission services "are still in contact with the Italian authorities via the EU-Pilot procedure with a view to clarifying the interpretation and practical consequences of the new law as regards the situation of foreign-language lecturers (lettori) and collaboratori e esperti linguistici (CELs) in Italy," a senior Commission official, Jackie Morin, told David Petrie, the head of the lettori's association Allsi, last month. British and Italian officials have been holding talks aimed at revising article 26 (3) of the December 2010 Gelmini education reform law, which downgraded the lettori to the status of technicians, meaning their salaries were cut by a half.
Since Italian Prime Minister Mario Monti announced his intention to resign, however, Prof. Petrie fears efforts to address the lecturers' plight may be set aside until a new Government takes office after elections in February. Asked on Thursday to comment, a spokeswoman for Palazzo Chigi, Amelia Torres, said that the Prime Minister's office had contacted the ministry of education's university department to ascertain the status of the matter.
European Commission officials have indicated infringement proceedings could begin as early as January, meaning that Italy might be ordered by the European Court to pay fines of much as 300,000 euros a day, the sources say.
Foreign lecturers in Italy are denied equal pay and pension rights to Italian lecturers, a law which the European Court of Justice has also ready ruled is illegal six times.
Mr Cameron told one of the lettori who is from his parliamentary constituency, Christopher Burchett, that he is "keen to help" to resolve the matter and had contacted David Lidington, the Minister for Europe at the Foreign Office, asking what progress was being made.
Mr Lidington replied to the British Prime Minister in September that "there are now encouraging signs of progress. The Ministry has recognised the validity of the complaint and, within the constraints of the austerity environment and the Eurozone crisis, is working to develop a set of proposals that will bring a satisfactory solution."
Italy's slow response to resolving the matter has caused "frustration" at the British Embassy, Mr Cameron told Mr Burchett, who teaches in Milan.
"... the Embassy Minister shares your frustration with the length of time it is taking to reach a satisfactory conc1usion. The Embassy is working hard to resolve the issue, and will continue to do so," Mr Cameron said.
The Gelmini law exacerbated the already dire plight of British and other foreign lecturers, many of whom had sought redress against the discrimination through the courts.
Gelmini effectively gave what many university rectors saw as a green light not to pay court-ordered compensation, meaning lecturers who won lengthy and costly proceedings saw judicial rulings ignored.
The British Foreign Secretary, William Hague, has also expressed his support for the campaign, saying “Over a hundred foreign lecturers have been affected by this issue, which has continued for too long.” He added that while the UK government is unable to interfere in the legal proceedings of Italian courts, it is for the European Commission to ensure states comply with EU regulations.
One Member of the European Parliament, Mary Honeyball said last year that Mario Signor Monti “should address this issue of discriminatory pay as a matter of urgency. This is something that has been ignored by successive Italian governments for 25 years.”
Ms Honeyball continued “Monti should address this issue immediately not least because it directly contravenes the most basic elements of labour laws within the EU. The current situation has been further compounded by the cost of legal fees that the foreign-language lecturers have been faced with after they were forced to bring their case before the courts.”
jp-ab

John.Young
Nae end tae ane auld sang...
Here we go again. Hope springs, etc. After all, to solve the Lettori issue, all that needs to be done is to apply the law, which has been systematically and deliberately ignored and misinterpreted by both State and university authorities. By applying the law, the foreign citizens who have been discriminated against for so long would see their past and present remuneration fixed at the level set by Italy’s own national legislation, and the University system would gain the full cooperation of a host of skilled teachers, which it desperately needs but currently quarantines on half-pay. But I’m not betting on a solution from anyone in Rome or Brussels. I can’t support my pessimism more clearly than by quoting from a letter I wrote to the Editor of the European Voice in January 2011, on the same old subject: “Italy has got away with it in the past. In 2006, the European Court of Justice once again found Italy guilty of discrimination against the lettori, but failed to impose fines – the only punishment of any relevance for the cynical Italian State – in a travesty of justice which stank of collusion with a government then headed by Romano Prodi. The Court itself even admitted it had taken into account only the evidence submitted by the universities themselves, which was in large part false and misleading: a chummy arrangement indeed, with the very parties that were already known to have been infringing Community law on the issue for a quarter of a century!” Now it’s well over a quarter of a century, and nothing has changed in Milan University where I work. Time is running out for myself and the many other foreign-language university lecturers around the country who are waiting for justice to be done – I repeat again, not waiting for a pipe dream, merely waiting for the application of legislation that already exists. In 10-15 years, most of us will be either retired or dead, which of course is what the Italian State has wanted all along. Is that what the European Commission wants, too? If not, there is only one way to change the Italian government’s mind: the imposition of appropriately heavy fines after yet more infringement proceedings on the same, decades-old issue. Do they actually care about European citizens’ rights in Brussels, or only about cozy relations with governments? We shall see.
PETRIE
From Judith Evans, University of Bergamo
At the University of Bergamo, we started legal proceedings way back in 1994. After a long, tortuous, roller-coaster ride through the Italian justice system, we finally thought we had come to a satisfactory end in 2009 only to find that the Gelmini law effectively brought everything to a halt and authorised the university not to pay us our due. Personally from one month to the next, I saw my salary cut by 60% to a level that was, in practical terms, barely above the poverty line. In all honesty, I share John Young's pessismism. So far, despite the untiring commitment of David Petrie and despite the sentences of the European Court of Justice, very little has changed. We are fed up of all the empty words, we are fed up of being constantly frustrated by unkept promises, even now the Italian government still refuses to firmly commit themselves to repealing the Gelmini law. We are only asking to be treated as qualified, professional teachers (not technicians) should be and the fact that successive Italian governments have not solved this increasingly urgent issue suggests that they simply do not want to. Judith Evans, University of Bergamo
PETRIE
How Italy Poisons the well of justice
The tale of a trick: how Italy poisons the well of justice and cheats on equal and fair treatment under European single market rules. Italy has lost 6 cases in the European Court of Justice (ECJ) – but continues its illegal discrimination based on nationality. Italy changed its law in 1995 - law 236. In 2001 the ECJ ruled that law 236 did not conform to EU law. Italy changed its law in 2004 – law 63. Satisfied that law 63 conforms to EU law, the ECJ (in 2006) decided not to fine Italy to the tune of €390.750 per day – as requested by the ECJ’s advocate general, Poiares Maduro. Italy changes its law again, 2010 – law 240, the “Gelmini law” which re-imposes law 236 – already condemned by the ECJ. One thinker, Domenico Pacitti, predicted this in an interview on 26 August 2003. “Well, let me just take this opportunity in order to warn Europeans that Italy’s major contribution to Europe will be to teach their colleagues in other EU member states the two related arts of evading the law and legislating in order to facilitate law evasion at a later date.” David PetrieChair ALLSI petried@sis.it+39 347 4297324
susanna.perzoll...
EU raps Italy on lecturers' discrimination
The unsolved lettori issue, ongoing for far too long, is basically an issue of parity of treatment and freedom of movement for workers within the EU. The fact that Italy is about to be brought in front of the European Court of Justice for the seventh time on this same issue evidently shows that something isn’t working.What’s surprising is that only the British government (current and previous), alone of all the member states, has ever intervened to uphold this central tenet of the EU. In a quarter of a century, we’ve seen our rights constantly bypassed by ad-hoc measures taken by successive Italian governments, which appear to comply with European law against discrimination, but in actual fact evade its implementation. In April 2008, after 14 years in litigation against the University of Bergamo, 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. Then, three years later, along came the made-to-measure Gelmini Law, which literally “extinguishes” - wipes out - past Italian court rulings for lettori, and only for lettori, mind you, not for any other category of Italian workers. The university promptly used this to slash our salaries and block payment of arrears owed to us. Back to square one. Needless to say, no other Italian employees at Bergamo University have suffered similar cuts. A clear violation of workers’ rights and EU law, which the British government is doing much to redress. Isn’t it time other member states started doing something too?Here at Bergamo University, of the seventeen lettori who started the lawsuit, only 7 of us are still working, 9 have retired and one has died. Time is indeed running out.Susan PerzolliUniversity of Bergamo
susanna.perzoll...
EU raps Italy on lecturers' discrimination
The unsolved lettori issue, ongoing for far too long, is basically an issue of parity of treatment and freedom of movement for workers within the EU. The fact that Italy is about to be brought in front of the European Court of Justice for the seventh time on this same issue evidently shows that something isn’t working.What’s surprising is that only the British government (current and previous), alone of all the member states, has ever intervened to uphold this central tenet of the EU. In a quarter of a century, we’ve seen our rights constantly bypassed by ad-hoc measures taken by successive Italian governments, which appear to comply with European law against discrimination, but in actual fact evade its implementation. In April 2008, after 14 years in litigation against the University of Bergamo, 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. Then, three years later, along came the made-to-measure Gelmini Law, which literally “extinguishes” - wipes out - past Italian court rulings for lettori, and only for lettori, mind you, not for any other category of Italian workers. The university promptly used this to slash our salaries and block payment of arrears owed to us. Back to square one. Needless to say, no other Italian employees at Bergamo University have suffered similar cuts. A clear violation of workers’ rights and EU law, which the British government is doing much to redress. Isn’t it time other member states started doing something too?Here at Bergamo University, of the seventeen lettori who started the lawsuit, only 7 of us are still working, 9 have retired and one has died. Time is indeed running out.Susan PerzolliUniversity of Bergamo
ALLSI-Barocco
The experience of the lettori
The experience of the lettori in Italy shows that the envisaged mechanisms for resolving disputes and punishing violation of treaty obligations are wholly inadequate: if decades of litigation and six rulings by the ECJ on the issue haven't convinced the Italian government that it needs to step into line, then the message is that obeying the rules is for suckers. As Pacitti warned nearly a decade ago, Italy is setting an appalling example; what does it say about the EU if a founder member can display such contempt for its citizens and institutions for so long?
Allsimargitkohl
EU raps Italy on lecturers' discrimination
I am a German lecturer working at the State University of Milan since 1984/85. My situation is the same as my British colleagues'. But there is an enormous and fundamental difference. My British colleagues over all the years of fighting for rights and against discrimination have been supported by the British government. German lecturers not. I am very grateful to Mr. Cameron and his staff for going on to fight with David Petrie and the Allsi group in Europe. But over these years of legal proceedings (more than 25) I now regret not being a British Citizen. Requests to my government always failed – only a few MEPs supported our case voting for Allsi initiatives in European Parliament or commissions. Despite teaching German language and culture to hundreds and hundreds of students every year in Italian Universities the German government continues to ignore that the German lecturers in Italy exist and that there has been a violation of European Treaty on free circulation of workers for more than 25 years.And if there will not be a final judgment with heavy fines for to oblige Italian government to apply ECJ decisions most of us will have to turn to Germany and ask for social security because if Italy will not apply ECJ decisions our pension rights will be inferior to the limit of sustainment fixed by international criteria.So once more: thank you so much Mr. Cameron for all you are doing for us. Without British sense of democracy and justice - which makes Britain great - and without British tenacity no decision by European Court could be obtained. I wish I could thank German government but they have not done enough – which is shameful Margit Kohl