Precarious hired and fired every year, the Supreme Court confirms it cannot

On precarious schooling the courts are beginning to consider the important judges of the last 13 of January of the European Court of Justice: the opinion of the Luxembourg judges on case 282/19, referred to by Court of Napleswhich in fact condemned theabuse of fixed-term contracts for religion teachersit is producing that jurisprudence, as they say in slang, which in Italy has never been clear.

The important opinion of the European Court of Justice

The European Court had established that diocesan suitability and consequent revocation, even if executed in accordance with the Concordat, do not constitute an objective ground for perpetration in a given time, not even for decades.

Therefore, European judges did not even justify the use of the “fixed” 30% of substitutes (managed directly by the CIS) in the discipline.

As well as having ascertained the incompatibility of the continuous hiring and dismissal of several thousand temporary workers of Religion with the content of Article 267 of the Treaty of the Union.

However, this position could have had a lot of influence two new Supreme Court rulings (n. 22260 and n. 22261 of 14 July 2022), which dismissed the appeal filed by the Ministry of Education in the matter, against two judgments of the Court of Appeal of Florence that had proved the reason of the lawyers of Snadir who promoted the resources.

The two clarifications of the Cassation

The sentences, writes the union led by Orazio Ruscica, reiterate two extremely important issues.

The first is the certificate of suitability issued by the Diocesan Ordinary – which, as the ECJ has already advanced, “operates both in the genetic phase of the relationship and in the functional phase” – is permanent, so it cannot be indicated as the cause. and justification of the succession of fixed-term contracts.

The second issue is that staff quotas (70% of the total number of chairs and the remaining 30% allocated on an annual basis) may motivate the use of fixed-term contracts but not the abuse of these; therefore, the possibility of using the fixed-term contract cannot be considered “unlimited”.

The judge also noted that precarious aspirants have exceeded three years in office and that, the union stresses, “these three (and more) years of service are almost always done at the same school, an element that also it opens up a presumption of job stability. “

It is further confirmation, for the Supreme Court, that the wind is changing because it proposes a “jurisprudential and normative elaboration” with “a range of possible reactions, ranging from ipso jure transformation into permanent relationships, to stabilization through extraordinary procedures intended for precarious workers or finally for compensation for damages ”.

The legal battle continues

“These are exactly the last two paths that Snadir follows,” says its leader Orazio Ruscica, “the extraordinary procedure and compensation for unfair and prolonged precariousness.” Our union has been able to see far and pursue the right goals.

It should also be remembered that the violation of the clause 5 of the Community Directive 1999/70 not only does it refer to the 15,000 precarious teachers of the Catholic Religion, whose only and last competition is actually in 2003 with a few hundred winners yet to be hired but a much higher number (ten times more!) of teachers , always with at least 36 months of service behind them, who teach in a common chair.

What could happen in the future?

It is not a small detail, because if the line of automatic recruitment of so-called historical precarious workers has to pass, as the European Union has been asking for for more than two decades, then the whole “game” of new hiring would literally turn upside down: 50% of entries in the role of vacancies for those on the list, in fact, would be flooded by a veritable army of candidates. To the point that, to handle the situation, a body contingent would be needed all for them.

A perspective which, let us remember, in the last four years has been strongly opposed by the M5s, the first government party, for which school recruitment must be done exclusively through public tenders (as in fact provided by law). Then there are the exceptions …

Leave a Comment