B5-0824/2000

European Parliament resolution on "lettori"

The European Parliament,

A.  believing that a citizens" Europe can exist only if rights conferred on citizens by the Treaties are scrupulously respected by Member States, in particular in matters on which judgments of the Court of Justice have declared the law with indisputable certainty,

B.  noting that the Court of Justice has since 1989 delivered three judgments⁽¹⁾ concerning the rights of persons who, prior to the first of these judgments, had been appointed in Italian universities to teaching posts with the rank of "lettori",

C.  noting the clear purport of these judgments, namely that the freedom of the persons concerned to move and work within the Union and their right not to suffer discrimination on the grounds of nationality were infringed by Italy's failure to grant "lettori" conditions and security of employment equivalent to those enjoyed by Italian nationals holding analogous teaching posts in the universities,

D.  regretting that, since the first relevant judgment of the Court of Justice in 1989, the Italian system, notwithstanding the obligations under Article 228 of the EC Treaty and the legislative innovations introduced in 1995, still does not seem in a position to guarantee the full protection of the rights of the "lettori" holding appointments,

E.  whereas retrospective invitations to the individuals affected to apply for technical administrative posts as "collaborators and linguistic experts" under the legislation of 1995 do not guarantee the right of those individuals to be recognised as continuing holders of teaching posts in their respective universities,

F.  whereas, at the request of representatives of the individuals concerned, the Commission commenced enforcement proceedings against Italy - with two distinct pleadings in law, one concerning the downgrading of the professional status of the "lettori", and the second seeking satisfaction of their acquired rights - calling for the State to take appropriate action,

G.  whereas, however, these representatives found it necessary to lodge a complaint with the Ombudsman concerning the Commission's decision to abandon, without informing the "lettori", the vitally important plea-in-law ("moyen') concerning the individuals" rights to be recognised as continuing to hold teaching posts, which has recently been upheld,

H.  whereas over these many years the affected citizens of the Union have suffered loss, stress and anxiety, have been involved in protracted and repeated litigation in hundreds of court cases over a period of 12 years, and have been frustrated in their reasonable expectations to carry out their vocation with fair prospects of career development,

I.  whereas the Italian Government unconvincingly claims that its obligations towards "lettori" have been fulfilled on the basis of its law No 236/95 that fully applies the principles of the Treaty,

J.  whereas citizens throughout the Union can trust in the Union and its institutions only if abstract declarations of rights for citizens are reliably enforced and complied with by the authorities of the Union and the Member States,

K.  whereas, especially given the EU's vocation to be a "citizens" Europe", this situation is plainly intolerable for the individuals concerned and brings the institutions of the Union into disrepute,

1.  Calls upon the Republic of Italy to take the required legislative, executive or administrative actions to satisfy the rights of these Union citizens;

2.  Calls upon the Commission to ascertain whether the Italian State is failing in its obligations under Article 10 of the EC Treaty to cooperate in the implementation of the Treaty and to take appropriate and effective action;

3.  Instructs its President to forward this resolution to the Commission and the Italian Government and Parliament.