An Open Letter to Ursula von der Leyen on the EU’s Longest-Running Discrimination Case
By Henry Rodgers
13 January 2025
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The Struggle of the Lettori: Decades of Discrimination
Henry Rodgers, an English language lecturer at “La Sapienza” University in Rome and a published author on discrimination issues, continues his advocacy on behalf of foreign-language lecturers (Lettori) in Italian universities. His recent open letter to the President of the European Commission, Ursula von der Leyen, adds to numerous appeals aimed at ending Italy’s decades-long discriminatory practices against Lettori. This systemic injustice has persisted despite four landmark rulings by the Court of Justice of the European Union (CJEU), beginning with the 1989 Allué case.
Personal Advocacy and Involvement
Rodgers’ involvement in Lettori advocacy dates back to 1996. Frustrated with Italy’s failure to implement the CJEU’s Allué rulings, Rodgers lobbied Irish politicians to push the European Commission to initiate infringement proceedings against Italy. Pilar Allué, a Spanish national, had won her first CJEU case in 1989, followed by a second victory in 1993 after Italy misinterpreted the initial ruling. Yet, non-compliance with the 1993 judgment led to multiple infringement cases against Italy (C-212/99, C-119/04) and, most recently, a pending case (C-519/23).
Rodgers recounts his testimony before Ireland’s Joint Committee on European Affairs in 1996, detailing the discriminatory treatment of Lettori. Overcoming a bout of stage fright, he successfully persuaded the Committee to advocate to the European Commission for legal action against Italy. This marked one of many steps in his prolonged campaign.
Italy’s Reluctance to Engage
Rodgers shares an anecdote highlighting Italy’s resistance to addressing the issue publicly. Bernard Durkin TD, then chairman of the Irish Committee, invited the Italian Ambassador to testify and present Italy’s side of the story. Rodgers also received an invitation to respond to the Ambassador’s testimony. However, the Ambassador declined, citing limited knowledge of EU law.
This reluctance, coupled with his own lack of legal expertise, motivated Rodgers to study EU law independently. His efforts paid off when professors Paul Craig and Gráinne de Búrca later cited his article on Lettori discrimination, “Lettori of the Law,” in their renowned legal textbook.
The Landmark Allué Case and Its Legacy
Rodgers describes “Lettori of the Law” as a legal history of the Lettori cases, tracing the timeline from Pilar Allué’s 1989 victory to 2022. For Lettori, May 30, 1989—the date of the first Allué ruling—has become a bittersweet commemoration, marking both a legal victory and the long persistence of discrimination.
Despite Allué’s triumphs, she retired without receiving the compensation her victories entitled her to. Her cases continue to feature in EU law textbooks and the Commission’s infringement proceedings against Italy, underscoring the protracted struggle of Lettori.
Case C-119/04: A Missed Opportunity for Justice
Rodgers’ letter to von der Leyen highlights the 2006 case C-119/04 as particularly illustrative of the obstacles in ending Lettori discrimination. In this case, the European Commission sought daily fines of €309,750 against Italy for its non-compliance with earlier rulings.
Italy avoided penalties by enacting a last-minute law to compensate Lettori, which was deemed minimally compliant with EU law. However, the Court’s ruling left unresolved whether the settlements were actually made correctly—a point that rankles Lettori to this day.
Rodgers criticizes the confidentiality requirements of EU infringement proceedings, which prevented the Commission from consulting Lettori to counter Italy’s claims about settlements. Had their evidence been included, daily fines might have been imposed, effectively ending the discrimination in 2006.
Byzantine Legislation and the Gelmini Law
Since C-119/04, Italy has introduced four pieces of legislation aimed at addressing Lettori discrimination. However, these laws are often complex and inconsistent. Rodgers takes particular issue with the 2010 Gelmini Law, which retrospectively
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