WRITTEN QUESTION E-2524/03 by Maurizio Turco (NI) to the Commission. Violation of religious freedoms in Italy.
Date: 2003-07-29
Institutions: European Parliament, Provisional data
Subjects: Catholicism, EU law - national law, Italy, denominational education, equal treatment, freedom of religious beliefs, legal status, multidisciplinary education, teacher

26.2.2004

EN

Official Journal of the European Union

C 51 E/255

As this advisor is thus using a relationship with the Commission for commercial advantage, the following
questions arise:

(cid:1) Is there actually such a title as ‘Honorary Director’ (Direktor h.c.)?

(cid:1) If so are there other, similar titles?

(cid:1) Is there a list of people with these titles and is it publicly available?

(cid:1) Is there any possibility of sanctions against holders of such titles if they act in a way that damages the

Commission?

Answer given by Mr Kinnock on behalf of the Commission

(18 September 2003)

1.
As the Honourable Member is aware, the title ‘Director h.c.’ indicates a rank conferred honoris causa,
i.e. an honorary rank. Article 54 of the Staff Regulations provides that ‘On termination of service an
official may be given an honorary rank either in his career bracket or in the next higher career bracket, by
decision of the appointing authority. No pecuniary benefits shall attach to such honorary rank.’

2.
In practice, honorary rank has conventionally been assigned to several officials who have occupied
middle or senior management posts at Head of Unit, Director, Deputy Director General and Director-
General level. The decision to grant honorary rank is taken (cid:1) after application by the official or by his or
her Director-General and/or Commissioner (cid:1) by the Commissioner for Personnel and Administration, by
delegation of the College of Commissioners and in explicit agreement with the Commissioner in whose
Directorate-General the retiring official works and with the Secretary-General. The Advisory Committee on
Appointments is also called upon to give its opinion beforehand.

3.
As the Staff Regulations make clear, honorary ranks carry no pecuniary benefit and, consequently,
the Commission does not formally keep a list of the persons holding them since the honorary status
carries no financial implications or other obligations. By way of information, over the last year (July 2002-
July 2003), after the completion of the required procedures, three persons have been awarded the title
Honorary Head of Unit and four persons have been awarded the title Honorary Director or Director-
General.

Officials who have ended their service remain subject

4.
the Staff
Regulations, including Articles 16 and 17, which make the provision that former officials continue to be
bound by the same obligations as current officials. Proven breach of those obligations would, of course,
make a former official liable to the appropriate sanctions.

to the relevant provisions of

(2004/C 51 E/277)

WRITTEN QUESTION E-2524/03

by Maurizio Turco (NI) to the Commission

(29 July 2003)

Subject: Violation of religious freedoms in Italy

On 15 July the Italian Chamber of Deputes adopted a law on the legal status of Catholic religious
education teachers in educational establishments of all types and at all levels.

Under the new law Catholic RE teachers are given the same status as teachers of other subjects, will be
employed on open-ended contracts and may be required to teach other subjects in the event of
overstaffing.

C 51 E/256

Official Journal of the European Union

EN

26.2.2004

Catholic RE teaching in state schools of all types and at all levels is covered by the agreement amending
the Lateran Concordat and the additional protocol thereto, implemented by means of Law No 121 of
25 March 1985, and the agreement between the Italian Ministry for Education and the President of the
Italian Bishops’ Conference, implemented by means of Presidential Decree No 751 of 16 December 1985,
as subsequently amended.

Under the new law, access to the teaching profession is conditional on passing a competition based on
qualifications and tests. The qualifications required include the certification referred to in paragraph 5(a) of
the additional Protocol, as referred to in Article 1(1), delivered by the diocesan ordinary with territorial
jurisdiction.

The decision to recruit staff on open-ended contracts is taken by the regional director in consultation with
the diocesan ordinary with territorial jurisdiction.

There are 20 000 RE teachers in Italy, and the adoption of this law means that approximately 14 000 of
them will become teachers on open-ended contracts despite the fact that they teach an optional subject
and then only on the basis of certification delivered on a discretionary basis by the bishop on the basis of
rules that are not those of the Italian State but of another State. If a Catholic RE teacher’s certification is
withdrawn by the diocesan authorities, that teacher automatically becomes a teacher on an open-ended
contract for another subject, irrespective of the grades and rights of other teachers.

Can the Commission state whether the Italian law on the legal status of Catholic religious education
teachers in educational establishments of all types and at all levels and the Lateran Concordat on which it
is based are in keeping with the principle of religious freedom as defined and recognised at international
level?

Does it consider the arrangements described above to be in keeping with Directive 2000/78/EC (1) against
discrimination at the workplace based on religion or belief, disability, age or sexual orientation?

(1) OJ L 303, 2.12.2000, p. 16.

Answer given by Mrs Diamantopoulou on behalf of the Commission

(12 September 2003)

The Honourable Member asks whether the Italian law on the legal status of Catholic religious education
teachers and the Lateran Concordat on which it is based are in keeping with the principle of religious
freedom and whether the arrangements he describes are in keeping with Council Directive 2000/78/EC of
27 November 2000 establishing a general framework for equal treatment in employment and occupation.

The Commission refers to Article 149 of the EC Treaty, which provides that the Community shall
contribute to the development of quality education by encouraging cooperation between Member States
and, if necessary, by supporting and supplementing their action, while fully respecting the responsibility of
the Member States for the content of teaching and the organisation of education systems and their cultural
and linguistic diversity. The Commission therefore believes that, as long as other aspects of Community
law are respected, the arrangements for appointing teachers are the responsibility of the Member States.

Consequently, the question posed by the Honourable Member concerning respect for religious freedom
must be assessed at national level.

Insofar as Council Directive 2000/78/EC is concerned, and on the basis of the information available, the
Commission sees no immediate conflict with arrangements which seek to protect the employment of
teachers whose authorisation to teach Catholic religious education is withdrawn by the diocesan
authorities.