A letter from Gianna Fracassi, Secretary-General of Italy’s largest trade union, FLC CGIL, has spotlighted the long-standing discrimination faced by non-national university language lecturers (“Lettori”) in Italian universities. Fracassi addressed her concerns to Roxana Mînzatu, the incoming EU Commissioner for Social Rights and Skills, Quality Jobs and Preparedness, as well as an Executive Commission Vice-President. By taking on this role, Commissioner Mînzatu inherits a case that has remained unresolved for decades, with the European Commission supporting the Lettori’s cause as far back as the 1980s. Notably, the Commission stood by Spanish lecturer Pilar Allué in her legal dispute with Università degli Studi di Venezia, culminating in a landmark CJEU ruling in Allué’s favor on May 30, 1989.
An article titled Pilar Allué Day, published in The European Times, narrates how what should have been a celebration of the Lettori securing parity of treatment has instead become a day associated with persistent discrimination, which continues despite multiple CJEU rulings. Over the years, three clear-cut judgments from the Court have favored the Lettori, the most recent being the 2006 decision in Case C-119/04. Yet, Italy has failed to implement these rulings effectively. This ongoing failure compelled the European Commission to refer a fresh infringement case against Italy to the CJEU in August 2023, with a hearing expected soon.
In her letter, Secretary-General Fracassi reflects on FLC CGIL’s constructive relationship with Commissioner Mînzatu’s predecessor, Nicholas Schmit. In collaboration with Rome-based Lettori organization Asso.CEL.L, FLC CGIL conducted a nationwide Census, revealing widespread non-compliance by Italian universities with the CJEU rulings. This Census played a key role in the Commission transitioning from the ineffective EU Pilot Procedure, a diplomatic mechanism introduced to resolve disputes with Member States, to formal infringement proceedings against Italy in 2021. Throughout this period, FLC CGIL maintained close contact with Schmit’s office, contributing evidence to strengthen the infringement case.
Despite the European Commission’s involvement, it remains the responsibility of EU Member States to ensure compliance with EU law within their jurisdictions. However, Italy has consistently failed in this regard. Instead of adhering to a uniform standard of compliance, the Italian government has left universities to decide unilaterally how—or even if—they apply EU law to the Lettori. This fragmented approach is evident in Interministerial Decree n.688 of May 2023, the latest national effort to address EU legal obligations related to Lettori. Although the decree allocates funding to universities for resolving Lettori claims, it also leaves universities with the discretion to determine both their liability and the extent of career reconstructions owed. This decentralized approach has led to inconsistent interpretations and implementation across the country’s academic institutions.
Highlighting this inconsistency, Fracassi draws attention in her letter to the University of Milan, which serves as a positive precedent. At Milan, local FLC CGIL representative Sara Carrapa successfully negotiated an agreement funded by government resources, awarding Lettori a full reconstruction of their careers dating back to their first employment contracts. Fracassi notes that this example sets an important legal and ethical standard:
*“Only a few universities have correctly implemented the ruling in Case C-119/04 and in the terms of Law 63 of 05.03.2004. In the context of a consistent and uniform implementation of the CJEU’s jurisprudence, the example of the University of Milan is significant in several respects. Using funds made available by the Ministry of Universities, this university has paid its Lettori the salary differences to achieve full and continuous career reconstruction from the first employment contract signed until today.”*
*“Since the working positions of Lettori at other universities are the same as those of their Milanese colleagues, it is clear that the Italian state’s failure to apply to them the general principles laid down by the Court of Justice of the European Union demonstrates, on the one hand, the uncertainty and absolute lack of clarity of the national legal framework of reference and, on the other, highlights the discrimination practised against the Lettori by the plurality of Italian universities.”*
Beyond the Lettori issue, Italy also faces an additional CJEU trial for its misuse of short-term contracts in the educational sector—a practice that FLC CGIL has long opposed. According to the European Commission’s press release, Italy has failed to take sufficient measures to prevent the repeated and abusive use of fixed-term contracts for administrative, technical, and auxiliary staff in state schools, violating EU regulations on fixed-term employment.
Linda Armstrong, a former Lettore at the University of Bologna who worked there from 1990 until her retirement in 2020
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