WRITTEN QUESTION E-2355/00 by Mario Mauro (PPE-DE), Giorgio Lisi (PPE-DE) and Antonio Tajani (PPE-DE) to the Commission. Infringement of the principle of non-discrimination and competition in connection with the situation of teachers in schools officially recognised as equivalent to State schools.
Date: 2000-07-13
Institutions: European Parliament, Provisional data
Subjects: European social policy, Italy, access to a profession, competence of the Member States, recruitment, seniority, teacher

C 72 E/194

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6.3.2001

Is there any basis for these allegations?

If so, what action has been taken by the Commission, including the recovery of funds?

How does the Commission ensure that this body and others funded under A-3 Community subsidies are
effective in meeting their objectives?

Answer given by Mr Vitorino on behalf of the Commission

(24 July 2000)

The Honourable Member is correct that the Directorate general for Justice and home affairs took over the
management of matters relating to the Migrants(cid:146) Forum from 1 January 2000 under
the direct
responsibility of its Director general.

The Commission also received the open letter of 8 March 2000 and has been given a detailed written reply
from the executive committee of the Migrants(cid:146) Forum covering each point.

The Commission will undertake a full audit of the activities and accounts of the Forum in the near future
and will at that time address the allegations of misuse of funds drawn to its attention by the Honourable
Member. It will then decide on any action to take. Should any irregularity be revealed, the Commission
will take all appropriate steps at its disposal to remedy the situation in addition to informing the European
Anti-Fraud Office (OLAF).

With regard to the Commission(cid:146)s role in ensuring that the funding is effectively spent, the Migrants(cid:146) Forum
has a contractual obligation to report to the Commission on its activities and does so regularly. This
contractual obligation extends to annual submission of accounts which are then assessed by the
Commission. A Commission official is also an observer on the executive committee of the Forum and
the board of management.

(2001/C 72 E/250)

WRITTEN QUESTION E-2355/00

by Mario Mauro (PPE-DE), Giorgio Lisi (PPE-DE)
and Antonio Tajani (PPE-DE) to the Commission

(13 July 2000)

Subject: Infringement of the principle of non-discrimination and competition in connection with the

situation of teachers in schools officially recognised as equivalent to State schools

The perpetuation in officially recognised schools in Italy of blatant disparities and discrimination contrary
to the spirit of the Italian Constitution and European legislation on competition has prompted the
questioners to raise the following issues at a higher level.

The question is therefore not intended to refer to or interfere with Article 126 of the EC Treaty, since the
aim is not to deal with the organisation of school systems but with the infringement of the right to work
caused by discrimination between the teaching staff of State schools and of those officially recognised as
equivalent.

1.
Teachers in these officially recognised schools have been allowed access to the competitive qualifying
examination, in which, incomprehensibly, only half the years of service are recognised (cid:129) the overall mark
includes both the level achieved in the examination and half the number of years of service. Why, when
the final list is drawn up, is the service is ignored?

2.
Can the Commission explain why the Italian Ministry of Education does not systematically allow
teachers in officially recognised schools access to competitive examinations by qualification only since,
once again, the years of service do not count?

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Official Journal of the European Communities

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in the provincial authorities(cid:146)

lists of supply teachers, does service in officially recognised
3. Why,
schools only count for half (why not one third or two thirds? Does a teacher in such a school only work
half time?).

4. Why, when a teacher passes the ordinary competitive examination, are the marks relating to teaching
not recognised?

Answer given by Mrs Diamantopoulou on behalf of the Commission

(13 September 2000)

The question from the Honourable Members refers to discrimination encountered by teachers in schools
recognised by the Italian State at the time of recruitment and recognition of their period of service.

This problem does not come under Community jurisdiction. Each Member State is responsible for laying
down the conditions of access to its own public service. Disputes concerning provisions on this subject are
therefore a matter for the national courts.

(2001/C 72 E/251)

WRITTEN QUESTION P-2422/00

by Daniel Varela Suanzes-Carpegna (PPE-DE) to the Commission

(11 July 2000)

Subject: Obstacles to the movement of goods between Spain and Portugal

The recent incidents involving Portuguese fishermen and traders in Matosinhos aimed at preventing the
sale of Spanish sardines constitute a serious attack on fundamental Community freedoms, in particular the
free movement of goods between two Member States.

It appears urgently necessary for the Commission to intervene with the Portuguese authorities in order to
guarantee that those targeted by this campaign can carry on working normally.

Can the Commission say whether it has yet taken any action on this matter? If so, what type of action did
it take and with what result? If it has not yet acted, what steps will it take? Will it keep the questioner
informed of its actions and their outcome?

Answer by Mr Bolkestein on behalf of the Commission

(28 July 2000)

In view of the fact that the Spanish authorities, in accordance with Council Regulation (EC) No 2679/98 of
7 December 1998 on the functioning of the internal market in relation to the free movement of goods
among the Member States (1), informed the Commission of the incidents referred to by the honourable
Member, the Commission initiated the alert procedure laid down in Article 3 of the Regulation. In this
regard, it asked the Portuguese authorities to confirm the facts and to take the necessary and proportionate
measures to assure the free movement of goods. The Portuguese authorities replied within the required
time limit, providing all the necessary information about the incidents and mentioning the adoption and
introduction of measures such as increasing the number of police on the spot and holding special meetings
with those involved in order to prevent
information has been
transmitted to the other Member States.

further incidents. This exchange of

In the light of the positive outcome (cid:129) i.e. a rapid return to normality (cid:129) as a result of the alert procedure,
the Commission has decided that it is not necessary at this stage to go ahead with the notification
procedure referred to in Article 5 of Regulation No 2679/98.

(1) OJ L 337, 12.12.1998.