B4-0157, 0194, 0220 and 0235/96

Resolution on discrimination against foreign language assistants employed at Italian universities

The European Parliament,

- having regard to Article 48 of the EC Treaty,

- having regard to the judgments of the Court of Justice of the European Communities to the effect that teaching posts at public education establishments are covered by Article 48 of the EC Treaty, regardless of their category or level,

- having regard to its resolution of 13 July 1995 on discriminatory treatment on the grounds of nationality for foreign language teachers ('lettori') at Verona University (Italy), in violation of Article 48 of the EC Treaty ((OJ C 249, 25.9.1995, p. 161.)),

- having regard to the judgment of the highest Italian court (Corte di Cassazione) to the effect that foreign language assistants at universities have the title of 'associate lecturers' on equal terms with their Italian counterparts,

- having regard to the passing by the Italian Parliament of Law No. 236 of 21 June 1995, which entered into force in January 1996, and implement the rulings of the Court of Justice by providing, in respect of foreign language assistants, for:

(a) the establishment of suitable university structures;

(b) the definition of the permanent requirements for language-learning, including teaching materials, as opposed to the temporary requirements, with provision for indefinite or fixed-term contracts as appropriate,

(c) the qualifications required and methods of recruitment;

(d) remuneration and duties;

(e) procedures governing assessment and termination of the contract by the university in the event of a negative assessment, lack of need or lack of resources,

- whereas this change in the law does not bring the legal status and remuneration of foreign language teachers at Italian universities into line with those of associate lecturers,

- whereas language staff and experts (foreign language assistants) in Italy and other Member States are dissatisfied because they do not have the same status as teachers who are nationals of the country in question,

A. whereas language staff and experts (foreign language assistants) in Italy have long been campaigning for the Italian legislation regulating the conditions of recruitment to their category to confer a legal status and remuneration that is commensurate with the work they actually do,

B. whereas from now on, however, language staff and experts (foreign language assistants) at Italian universities will have a contract in public law,

1. Calls on the Italian Government and Parliament to give adequate consideration to the European Parliament's concern about the treatment of foreign language assistants hitherto and supports the Commission's attempts to bring proceedings against Italy for violation of the Treaty;

2. Hopes that the Commission will note the many protests by foreign teachers concerning conditions of recruitment in the Member States, remind the States in question that Article 48 of the EC Treaty prohibits discrimination and, if necessary, bring proceedings against them for failure to comply with the Treaty;

3. Calls on the Italian Government and the Member States concerned to ensure that there is no discrimination against foreign language assistants in their national legislation and employment contracts;

4. Calls on the Italian Government to recognize, formally and immediately, that any national contract affecting foreign lecturers employed under the now repealed Article 28 of Presidential Decree 382 must clearly guarantee the lecturers their status as university teachers in conformity with the rulings of the Court of Justice of the European Communities;

5. Calls on the Italian university authorities to ensure that the principles enshrined in the EC Treaty are fully incorporated in national employment contracts and that teachers' acquired rights are protected;

6. Asks the Commission to bring proceedings before the European Court of Justice, pursuant to Article 169 of the EC Treaty, for failure to comply with the Treaty should the Italian Government fail to provide a satisfactory reply to the Commission's questions about discrimination against foreign teachers;

7. Instructs its President to forward this resolution to the Commission, the Council, the Italian Government and Parliament and the governments of the other Member States.