Italy faces third case over foreign lecturers

Date: 10/04/1997

By Rory Watson

ITALY is facing an unprecedented third European court case over its treatment of foreign language lecturers at the country's universities.

In a clear sign that its patience is wearing thin, the European Commission has accused the Italian authorities of being obstructive and has given them two months to reply to accusations that they are violating EU rules by operating discriminatory employment policies.

“Despite repeated requests from the Commission for information, the Italian authorities have shown no willingness to cooperate. This attitude is not compatible with the duty of loyal cooperation required by Article 5 of the Treaty of Rome,” said Social Affairs Commissioner Pádraig Flynn.

Italy has already been condemned twice by the European Court of Justice (in 1989 and 1993) for discriminating between EU nationals by insisting on temporary contracts for foreign language lecturers while their Italian counterparts were given permanent posts.

Although the country changed its legislation in 1995, the Commission is still far from satisfied and wants confirmation from Italy that language lecturers will be able to keep their acquired rights.

The Commission's challenge is not the only legal battle being fought over the status of EU language teachers in Italy. David Petrie, chairman of the Committee for the Defence of Foreign Lecturers, and two colleagues have taken a separate case to the ECJ against the University of Verona.

The Court is expected to deliver its verdict on their complaint before the summer recess. But already, the advocate-general in the case has indicated that the university's action violates EU law.

He advised the judges last month that Italian rules which limit eligibility for posts to certain categories of staff “constitute unlawful covert discrimination against workers on grounds of nationality”.