Page 15 - ELG2304 Apr Issue 484

FEATURES

demoted the Lettori to the category against Lettori the Commission asked the The threat of fines removed, Italy
of non-teaching, technical and Court to impose a daily fine of €309,750 subsequently failed to implement the
administrative staff and crucially removed on Italy. The case was referred to a Grand March 2004 law. The universities
the parameter of Italian teaching faculty Chamber of 13 judges for decision. None continued to withhold the settlements and
as a basis for determining salaries and the of the l3 judges of the Grand Chamber had contractual conditions that the Court had
financial settlements for the backdated presided in the Allué cases of 1989 and deemed satisfactory. Many Lettori now
reconstruction of careers due under Allué. 1993. However, Enrico Traversa, who as took and won cases for the settlements
As Guardian of the Treaties of agent for the Commission’s Legal Service, before the local courts, but this recourse
the European Union, the European has pleaded in all of the successful Lettori to local justice was cut off by the most
Commission is empowered to take cases, addressed the Court, arguing that a brazen of Italy’s attempts to evade the
infringement proceedings against member daily fine of EUR 309,750 was warranted rulings of the CJEU: the Gelmini law of
states for breaches of the Treaties, and by because of the duration and gravity of the 2010.
extension the case law of the CJEU. Based discrimination. The Gelmini law retrospectively
on documentation from 6 representative Meanwhile In March 2004 Italy interpreted the March 2004 law, placing
universities the Commission took an had enacted a last minute law which limits on the settlements due to Lettori.
infringement case against Italy for provided for the reconstruction of Lettori Anthony Green, a Lettore at the University
non-implementation of the Allué careers with reference to the minimum of Bari, set up and has moderated Lettori.
jurisprudence. The Court in its eventual parameter of part-time researcher or it since the turn of the century. Never was
sentence found for the Commission in better conditions won in the local Italian the mood in the exchanges on this e-group
2001. For non-implementation of the courts. Thus, although it found Italy as grim as after the enactment of this
2001 ruling the Commission subsequently guilty of discrimination at the deadline law. A feeling took hold that Italy would
took an enforcement action, Case given for compliance, the Court took the outwit the rule of EU law whatever the
C-119/04, against Italy. view that the provisions of the law could measures taken. By now Allué had retired
In a demonstration of how seriously remedy the discrimination and waived without ever having worked under the
it viewed the persistent discrimination the daily fine. parity of treatment conditions to which
her CJEU victories entitled her. On the
annual commemorations of Pilar Allué
EU law: The Allué Line Day, colleagues with gallows humour
gauge their chances of working under a
of Litigation nondiscriminatory contract before they
too retire.
A question which could arise is
EU Court of Justice: It is the pinnacle institution of the EU, with supremacy over all the why, given their mistreatment by their
courts of the member states. Located in Luxembourg, it has 27 Judges-one per member
state. Normally the Court sits in chambers of 3 to 5 judges, with the Grand Chamber university employers, have the Lettori
presiding in particularly important cases. Reference for preliminary ruling cases and chosen to remain in Italy? Citizens of
infringement cases make up the bulk of the Court’s workload. almost all EU member states, teaching
the languages and culture of their home
References for Preliminary Rulings: These are essentially questions sent by the local countries, they invariably give similar
courts of the member states of the EU on the compatibility of national law with EU law. answers. Married in many instances
Both the Allué cases come under this heading.
to Italian citizens, their children often
Infringement Proceedings: These are taken by the European Commission, as Guardian educated at the very universities which
of the Treaties, for perceived breaches of EU law. Should a member state fail to implement discriminate against them, they are
an infringement ruling against it, the Commission is empowered to open a follow-on integrated into Italian society to a degree
enforcement case and ask for the imposition of pecuniary penalties against the member which renders breaking these links
state in breach.
difficult. Professional considerations too
Complainant: Though not technically party to the proceedings in infringement cases, play a part. Over their careers Lettori
complainants enjoy certain important procedural rights, such as the right to lodge have remained highly committed to their
documents with the Commission and to hold meetings with the case officers. The quality work, with many making noteworthy
of the evidence submitted by complainants is crucial for the success of the proceedings, contributions to university teaching.
as is a thorough knowledge of how the Commission interprets the pertinent case law.
Legal Service: Agents of the Legal Service represent the Commission before the CJEU.
The language of the infringement proceedings is that of the defendant member state. Henry Rodgers teaches at
As one commentator rather caustically put it, member states enjoy the privilege of being “La Sapienza” University of
prosecuted in their own languages. Rome. He is a founder member
of Asso.CEL.L, an official
Lettori victories before the CJEU complainant in the European
Commission’s infringement
1. Pilar Allué and Carmel Mary Coonan v Università degli studi di Venezia. 30 May 1989 proceedings against Italy. As a Lettore, his
2. Pilar Allué and Carmel Mary Coonan and others v Università degli studi di Venezia research interests lie in the field of genre
and Università degli studi di Parma. 02 August 1993 analysis and the design of relevant career-
3. Commission of the European Communities v Italian Republic. 26 June 2001 specific courses for students of the Faculties of
4. Commission of the European Communities v Italian Republic. 18 July 2006
Jurisprudence, Economics and Political Science.
editorial@elgazette.com 15