Insecure employed and fired every year, the Supreme Court confirms that it can not

At the insecure school, the courts are beginning to take into account the important dom of the last 13 January d The European Court of JusticeOpinion of the Luxembourg judges in Case 282/19, delivered by The court in Napleswho actually condemnedabuse of fixed-term contracts for religion teachersproduces the case law, as they say in the jargon, which in Italy has never been clear.

The important opinion of the European Court of Justice

The European Court of Justice had ruled that probate and the consequent revocation, even if carried out in accordance with the concordat, do not constitute an objective reason to commit at a fixed time, not even for decades.

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Therefore, the European judges did not even justify the use of the “fixed” 30% of the deputies (controlled directly by the CEI) in the discipline.

As well as having found the incompatibility of the ongoing employment and dismissal of thousands of temporary staff in religion with the content of Article 267 of the EU Treaty.

Now that attitude could have had a big impact two new rulings from the Supreme Court (n. 22260 and n. 22261 of 14 July 2022), which dismissed the appeal brought by the Ministry of Education in the case against two judgments of the Court of Appeal in Florence, which had proved that the Snadir lawyers promoting the Court of Appeal were right .

The two clarifications of the cassation

The sentences, writes the union led by Orazio Ruscica, repeat two extremely important questions.

The first is the certificate of fitness issued by the Foundation Ordinary – which, as already stated by the European Court of Justice, “acts both in the genetic phase of the relationship and in the functional phase” – is permanent, therefore it can not be stated as the reason and justification for a number of fixed-term contracts.

The second issue is that staff quotas (70% of the total number of chairmen and the remaining 30% assigned to an annual task) can motivate the use of fixed-term contracts, but not the misuse of them; the possibility to use the fixed-term contract can therefore not be considered “unlimited”.

The judge also pointed out that the insecure applicants have exceeded three years of service and that the union emphasizes that “these three (and more) years of service are almost always performed at the same school, an element which also opens up a presumption of job stability”.

It is a further confirmation to the Supreme Court that the wind is changing because it proposes a “jurisprudential and normative elaboration” with “a range of possible responses, ranging from ipso iure transformation to permanent relationships, to stabilization through extraordinary procedures that have for the purpose of insecure workers or, finally, for damages “.

The legal battle continues

“These are exactly the last two paths that Snadir is following,” said its leader Orazio Ruscica.

It must also be remembered that the violation of Article 5 of the 1999/70 Community Directive it concerns not only the 15,000 insecure teachers of the Catholic religion whose only and final competition is actually in 2003 with a few hundred winners still to be hired, but a much higher number (ten times that!) of teachers, always with kl. at least 36 months of service behind, teaching on a common chair.

What can happen in the future?

Not a small detail, because if the line of automatic recruitment of the so-called historical precarious workers were to pass, as the EU has been asking for for over two decades, then the whole “game” with the new recruitment would literally be turned upside down: 50% of the posts in the role of vacancies intended for those on the list would actually be flooded by a real army of candidates. To the point that in order to cope with the situation, a full contingent would be needed for them.

A perspective that we remember for the last four years has been strongly opposed by M5s, the first government party, for which recruitment in the school is to take place exclusively through public competitions (as the law actually prescribes). Then there are exceptions …

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