WRITTEN QUESTION E-2357/99 by Roberta Angelilli (UEN) to the Commission. Law on supplementary honorary judges ‐ 276/97.
Date: 1999-12-13
Institutions: European Parliament, Provisional data
Subjects: EU law, Italy, competence of the Member States, equal pay, judge, legal system, personnel administration, working conditions

8.8.2000

EN

Official Journal of the European Communities

C 225 E/113

Answer given by Mrs de Palacio on behalf of the Commission

(18 January 2000)

On 1 December 1999, the Commission adopted a communication (1) on the current situation of air traffic
delays and on new initiatives to be taken to provide the Community with the air traffic management
system it needs to ensure the proper functioning of its internal market. The question raised by the
Honourable Member, regarding the multiplicity of air traffic control systems in Europe and the urgent
need for their integration, is answered in this document.

(1) COM(1999) 614 final.

(2000/C 225 E/120)

WRITTEN QUESTION E-2357/99

by Roberta Angelilli (NI) to the Commission

(13 December 1999)

Subject: Law on supplementary honorary judges (cid:129) 276/97

It is well known that a chronic shortage of staff and structural inefficiencies within the Italian judicial
system have resulted in major delays in the processing of civil cases. To remedy this state of affairs, Law
276/97 has been used for the purpose of appointing 1 000 GOAs [temporary honorary judges] in order to
enable the civil cases which were still outstanding on 30 April 1995 to be settled within five years.

Those recruited as GOAs are mainly lawyers with approximately 35 years of professional experience. Even
today, however, there are fewer than half as many of them as was envisaged under the law by means of
which they were appointed. Judges attend approximately 35 hearings each day in rooms about 20m2 in
size and in the presence of 60 or 70 people. Honorary judges do the same job with the same degree of
commitment and responsibility as permanent
judges for an annual salary of 20 million lire plus
200 000 lire net for every judgement and settlement, although they do no receive the non-pensionable
judge(cid:146)s allowance which is paid under Law 27/81 to all magistrates to compensate them for the risks
involved in the performance of their duties.

In the light of the above, would the Commission answer the following questions?

1. Does such a difference in remuneration for what are identical duties and services not contravene the
principle of justice and equal treatment for all people which has already been recognised through the
application of Law 303/98 in respect of the appointment and remuneration of honorary appeal
judges?

2. Does the application of Law 276/97 in the absence of appropriate structures not infringe the laws on

safety in the workplace?

3. Would the Commission give its opinion on the need for a possible revision of the law appointing
GOAs with retroactive effect from 2 November 1998, so as to ensure that the total remuneration and
the judge(cid:146)s allowance paid to GOAs are equivalent to the total remuneration paid to permanent judges
of equal grade and with the same responsibilities?

Answer given by Mrs Diamantopoulou on behalf of the Commission

(18 February 2000)

The internal organisation of the administration of justice in a Member State, including the remuneration of
staff, does not fall within the scope of Community law.

Italy has transposed Community health and safety law into national law. It is for the national authorities to
assess whether health and safety measures are sufficient in the circumstances described.