B4-0968/95

Resolution on discriminatory treatment on the grounds of nationality for foreign language teachers ('lettori') at Verona University (Italy), in violation of Article 48 of the EEC Treaty

The European Parliament,

- having regard to a letter from its President to the Italian Senate and Chamber of Deputies urging them to speed up the terms and agreements for equal treatment of foreign language teachers employed in Italy in compliance with Community law,

- having regard to the judgments of the Court of Justice of the European Communities ((Joined Cases C-259/91, C-331/91 and C-332/91, 2 August 1993, 'Allue II'.)) on the question of foreign language teachers that Article 28(3) of the Decree of the President of the Republic No 382/1980 laying down that contracts must be renewed annually with a maximum prolongation of six years is contrary to Article 48(2) of the EEC Treaty, given that such limits do not exist for teachers of Italian nationality,

- having regard to the judgments of the Court of Justice of the European Communities ((Judgment of 30 May 1989, Case 33/88, European Court Reports 1989, p. 1591 and Judgment of 27 November 1991, Case C-4/91, 'Allue I'.)) that teaching posts at public education establishments fall, without any distinction of order or level, within the substantive scope of Article 48(1) to (3) of the EEC Treaty and, consequently, are excluded from the derogation from freedom of movement laid down in Article 48(4),

- having regard to the Commission decision of November 1992 to invoke Article 169 proceedings against the Italian authorities with a view to bringing the situation into line with Community law as interpreted by the Court of Justice of the European Communities,

A. whereas foreign language teachers have been involved in a dispute with the University of Verona since 1988 over their rights to equal treatment in employment,

B. whereas non-Italian nationals are contracted under private law, whilst Italian staff are contracted under public law, thereby benefiting from preferential conditions of employment with regard to pensions and social security,

C. whereas the basic human rights and democratic freedoms of fourteen foreign language teachers are being violated following eviction from their offices to a basement measuring six metres by four and through other forms of intimidations and legal filibustering,

D. whereas all 32 teachers had their pay illegally cut at the negotiating table in March 1995, despite their willingness to negotiate a compromise with the Rector with a view to ending the dispute,

1. Calls on the Commission to ensure that infringement proceedings move immediately to the judicial phase under Article 169;

2. Calls on the Commission to secure guarantees from the Italian Government that it will respect the acquired rights of foreign language teachers starting from the date on which each individual teacher was first employed, thereby safeguarding pension rights and increments as enjoyed by Italian university teachers;

3. Calls on the Commission to ensure that university foreign language teachers suffering from similar discriminations within the EU are granted the same rights as university teachers of the Member State where they are working;

4. Calls on the Commission to convey Parliament's concern to the Italian Government over treatment of foreign language teachers;

5. Calls on the Commission to ensure that the authorities of the University of Verona do not take unjustified and threatening measures against the teachers in response to their industrial action;

6. Instructs its Committee on Petitions to examine, with utmost priority, Petition No 124/93, presented by David Petrie and others, with a view to immediately ending the abuse and discrimination of foreign language teachers in Italy;

7. Instructs its President to forward this resolution to the Commission, the Council and the Italian Government and Parliament.