Source: European Parliament
Question for written answer E-001324/2025
to the Commission
Rule 144
Cynthia Ní Mhurchú (Renew)
Interministerial Decree Law No 688 of 24 May 2023 is the fourth in a series of legal measures enacted by the Italian Government to purportedly implement the ruling in Case C-119/04 and grant foreign-language lecturers the settlements for full reconstruction of career due to them under EU law for their years of service in Italian universities.
However, Article 3.1 of the Decree Law subjects the settlements due to the lettori (lecturers) to a prescription or statute of limitations condition and, in the process, limits the number of years for which lettori are entitled to settlements. This is tantamount to a position that the Treaty right of non-national workers to parity of treatment can be circumscribed by domestic law.
In its findings in Case C-119/04, the Court of Justice of the European Union, in paragraph 25 of its ruling, stated ‘that a Member State cannot plead provisions, practices or situations prevailing in its domestic legal order to justify failure to observe obligations arising under Community law.’
Will the Commission confirm that the prescription condition introduced in interministerial decree No 688 of 24 May 2023 is an example of the type of domestic legal provision which the Court has ruled to be contrary to Community law?
Submitted: 31.3.2025