(Tiper Stock Exchange) – New clamorous victory for the Anief legal office before the European Court of Justice: after having been right on the teaching paper, the young school union has also obtained satisfaction on the discriminatory nature of the non-computation of the service performed in the private schools during career reconstruction.
The remission obtained by Anief’s lawyers is of particular significance – explains the union – as it occurs after the Court of Cassation and the Constitutional Court they had endorsed the failure to count the teaching service in equal schools, despite the identity of the training offer plan, the qualifications awarded and the nature of the service performed.
After the ruling of the Constitutional Court, the ANIEF did not give up and continued its action both in the parliamentary seat through the amendments to the latest decree-law to save infringements, both in courtintervening in all the cases proposed by the teachers of the Equal School aimed at obtaining the calculation of the teaching carried out with fixed-term contracts in the Equal Schools for the purpose of career reconstruction.
Action that was repaid by the Judges, as the Court of Padua has finally accepted the request for remission to the European Court of Justice, sharing the theses of the lawyers Zampieri, Ganci, Rinaldi and Miceli by contrast, first of all, with the principle of non-discrimination, contained in clause 4 of the Framework Agreement (annexed to Directive 1999/70), read in the light of Article 21 of the CFREU. The referring judge also underlined the failure to valorise the service provided in private schools cannot be considered justified even by the need to valorise the peculiarities of public school sectorproposed by the ministerial defence.
The traceability of the case to the scope of the EU directive 1999/70moreover, has allowed the Court of Padua to present the dubious legitimacy of the Italian legislation also with respect to the general principles of equality and of equal treatment, sanctioned in the art. 20 of the CDFUE, given that the service carried out in private schools is certainly comparable to that carried out in the offices of certified, approved, subsidized or popular schools.
Waiting for the next decision of the European Court of Justice, Anief provides the free formal notice to their members to interrupt the prescription and reminds how it is possible to pre-adhere to the appeals free of charge to request the full valorisation of the service provided in private schools for the purpose of career reconstruction.