91998E0849(01)

WRITTEN QUESTION E-0849/98

by Marco Cellai (NI) to the Commission

(26 March 1998)

Subject: Appeal to the Court of Justice by the Commission

According to press reports in December last year the Commission has decided to appeal to the Court of Justice with a view to bringing infringement proceedings against the Italian Government for the alleged absence in Law 236/95 of transitional arrangements to safeguard the acquired rights of language assistants ("collaboratori linguistici", formerly known as "lettori") already working in Italian universities in accordance with Presidential Decree 382/80. This move essentially ignored the meaning of the judgment passed by that Court (Section V) of 20 November 1997. The present request to bring proceedings is clearly based on confusion between the terms "lecturer" and "lettore". The Commission in no way indicated how the Italian Government has failed to respect the "acquired rights", since the rules introduced in Law 236/95 guarantee the safeguarding of the rights acquired by the parties concerned under the previous legal framework and improve their treatment overall.

In view of the above, can the Commission say:

1. whether and to what extent the Commission's decision was influenced by articles in the press or views expressed by European members of parliament;

2. what the legal bases for the appeal are?

Answer given by MrMonti on behalf of the Commission

(5 June 1998)

The Commission is conducting a detailed investigation of the problem raised by the Honourable Member and will inform him of the outcome as soon as possible.