Page 14 - ELG2307 Jul Issue 485

NEWS FEATURE .

The setup to a bad punchline

David Petrie tells of the ongoing battle for fair treatment in Italy and Spain.

he 3 May 2023 edition than six cases, to be in breach
cover of Panorama, owned of single market rules that
by a former Berlusconi prohibit discrimination based on
Teditor, carries the headline nationality. A further case is under
“An Italy without Italians”. It the scrutiny of the European
continues: Commission which may lead to
“From country ghettos in Puglia a seventh case to be adjudicated
to the ‘French-style banlieues’ by the Luxembourg based Court
of Milan and Rome, where of Justice of the European Union
integration is now impossible amid (CJEU), concerning the rights
degradation and crime. Beyond of migrant teachers working in
the controversy and “ethnic Italy’s universities.
substitution,” reality wins out. Since 9 February 1993, when 65
Here is a map of a country where students and non-Italian lecturers
disorderly or illegal immigration petitioned then President Egon
has torn apart the social fabric.” Klepsch, the European Parliament
The Brexit referendum in Committee on Petitions has been
2016 forced the EU member warning of the danger to the rule
states to acknowledge that the of law and the erosion of citizens’
UK would end free movement rights to move freely within the MEPs presenting a petition, 9 February 1993
of migrant workers from other EU, enjoying equal treatment.
EU member-states and put into On 13 July 1995, the European disclosure – I was the Scotsman). access to jobs, due to rule
place a points-based immigration Parliament passed a resolution Who got the job? changes. This does not, however,
system. in a human rights debate The Italian; she was the only apply to Ms Farr, who under
Of the four fundamental pillars condemning abuses and mobbing candidate left standing. The the withdrawal agreement was,
of free movement – capital, in the University of Verona – the faculty board on 14 April 1995 - legally, a resident worker in Spain
services, goods, and people - the only educational establishment in despite the three British citizens before British withdrawal from
last has always been the most Europe to have received such a teaching language and literature the EU came into effect.
problematic. Unlike imported censure. in the faculty - deemed their Whereas the decision to block
products moving into a member- One of the six cases heard by applications inadmissible. Ms Farr access to a teaching post
state, migrant workers are more the CJEU invites comparison with This decision was challenged is unlikely to be upheld in the
likely to alter the social fabric of that reported in the Gazette in in the Regional Administrative Courts, it may not provide her
a member-state. This perceived April 2023 concerning the UK Tribunal for Veneto, alleging with a just remedy. She is seeking
threat may prove to influence teacher in Spain, Serena Farr, illegitimate discrimination based fair and equal treatment with
voters, as it did through Brexit, to who has had her applications on nationality in breach of EU her Spanish colleagues - nothing
shift the political and legal order of for teaching posts deemed single market rules. The Court more. If she has to wait 15 years
the EU. inadmissible on account of her suspended the proceedings and to be awarded damages for
In the context of migrant being a non-EU citizen. sent the case to Luxembourg to illegitimate discrimination based
teachers, Italy has the worst In the University of Verona establish if the Italian provisions on nationality, in the interim
history of recalcitrant measures an Englishman, a Scotsman, were in conflict with the EU period, her career progression
among member states. Italy a Welshman and an Italian all treaty or if they were justified will be irredeemably damaged.
has been found, in no fewer applied for a teaching post (full by objective considerations Spanish jobs will be reserved for
independent of the nationality of Spanish workers, and she will
the workers concerned, and if the be less of a threat to the “ethnic
measures were proportionate to substitution” highlighted by the
the legitimate aim pursued by the fears expressed in the Italian
national law. Panorama magazine.
On 20 November 1997 the
CJEU laid down the rules to be
followed in the context of the David Petrie is
factual situation and the Italian chair of ALLSI
courts duly awarded damages trade union, the
to the three Britons. However, Association of
it took several further hearings Foreign Lecturers
and a full fifteen years before the in Italy, founded
compensation was paid. in 1997. He has taught at
In Spain Ms Serena Farr was the universities of Benghazi,
allegedly refused access to jobs Edinburgh, and Verona. In
on the grounds that she was no 2000 he was shortlisted for
longer a citizen of an EU member the Australian Broadcasting
state. Post-Brexit, British workers Corporation’s award for
applying to work in Spain may European Citizen of the Year.
David Petrie with MP Deidre Brock indeed be legitimately refused
14 July 2023