At the precarious school the courts begin to take into account the important ones Judgment of last January 13 of the Court of The Justice of the European Union: the opinion of the Luxembourg judges on the case 282/19, referred to Court of Napleswhich actually deAbuse of certain contracts for religious professorsproduces that jurisprudence, as they say in jargon, which was never clear in Italy.
The important opinion of the European Court of Justice
The European Court of Justice has ruled that diocesan ownership and consequent withdrawal, even if implemented in accordance with the Concordat, do not constitute an objective reason to act at a fixed time, even for decades.
This is why European judges did not even justify the use of the “fixed” 30% of substitutes (directly managed by the CEI) in discipline.
As well as the lack of compatibility of the continuous employment and dismissal of several thousand temporary workers of religion with the content of Article 267 of the Treaty on European Union.
Now that attitude could have a lot of influence on it two new judgments of the Supreme Court (N. 22260 and n. 22261 of 14 July 2022), which dismissed the appeal presented by the Ministry of Education on this matter against two judgments of the Court of Florence, which proved the snadir lawyers who had the right to appeal have promoted.
The two explanations of cassation
The sentences, written by the union under the leadership of Orazio Ruscica, repeat two extremely important issues.
The first is the certificate of suitability of the Diocesan Ordinary – which, as already stated by the CJEU, “operates both in the genetic phase of the relationship and in the functional phase” – is permanent, so it can not be cited as a reason and justification of the succession of fixed contracts.
The second question is that staff quotas (70% of the total amount of employment and the remaining 30% allocated to an annual income) may motivate the use of fixed-term contracts, but not the misuse thereof; therefore, the possibility to use the provision contract cannot be considered as “unlimited”.
The judge also pointed out that precarious applicants had exceeded three years of service and that, the union emphasized, “these three (and more) years of service are almost always performed in the same school, an element which is also a prerequisite for job stability”.
It is further confirmation, for the Supreme Court, that the wind is changing as it proposes a “jurisprudential and normative extension” with “a range of possible reactions, ranging from the ipso iure transformation and permanent relations, to stabilization by exceptional Procedures for precarious workers or ultimately to compensation for damages ”.
The legal battle continues
“These are exactly the last two roads that Snadir is pursuing – says its leader Orazio Ruscica -: the extraordinary procedure and the compensation for the unjust and prolonged precarious state. Our union has been able to see far and pursue the right goals.”
It should also be remembered that the injury of the Clause 5 of the Community Directive 1999/70 it concerns not only the 15,000 precarious teachers of the Catholic religion, whose only and last contest is actually 2003 with a few hundred winners still employed, but a much higher number (ten times as much!) of teachers, always with at least 36 months of service behind learning on a shared chair.
What could happen in the future?
Not a small detail, because if the line of automatic recruitment of so-called historically precarious workers passes, as the European Union has been asking for over two decades, then the whole “game” of new recruitment would literally be upside down: 50% of the entries in the role of vacancies for those determined on the list, in fact, would be flooded by a real army of candidates. To the point that, in order to manage the situation, a full contingent is needed just for them.
A perspective that, we recall, has strongly opposed the M5s, the first governing party for which school recruitment has to take place exclusively through public competitions (as the law provides). Then there are exceptions …