The European Committee of Social Rights (ECSR) adopted during its 334th session (22-26 May 2023):
The complaint was registered on 29 August 2022. It relates to Article 12 (right to social security) and Article E (non-discrimination) of the revised European Social Charter. ASSO.MIL. alleges that the failure by the Italian State to establish a supplementary pension fund in favour of civil servants belonging to the armed forces and police with military status, as provided for by Legislative Decree No. 124/1993 and other relevant legislation, is in breach of Article 12 as well as of Article E read in conjunction with Article 12 of the Charter. ASSO.MIL. maintains in particular that the establishment of a supplementary pension fund is among the measures aimed at maintaining and even strengthening the social security system that the Italian State is obliged to adopt under Article 12 of the Charter. ASSO.MIL. also asserts that the failure to establish a supplementary pension fund for security and defence workers constitutes discrimination in comparison with all other public sector workers, who already benefit from such provisions, in violation of Article E in conjunction with Article 12 of the Charter.
The ECSR unanimously declared the complaint admissible on 23 May 2023.
The complaint was registered on 24 October 2022. It relates to Articles 3 (the right to safe and healthy working conditions) of the revised European Social Charter. FENPROF alleges that the Government undermined the protection of occupational health and safety of teachers with a severe disabling illness by revoking Decree No. 9004-A/2016 of 13 July 2016, on the sickness mobility scheme for teaching staff, which guaranteed such staff a right to transfer when necessary to ensure provision of the medical care required by the person themselves or to provide support for family members with a severe disabling illness. FENPROF alleges that Decree-Law No. 41/2022 of 17 June 2022, which revoked the above-mentioned decree, led to the dismantling of the sickness mobility scheme for teaching staff by introducing admission criteria and selection mechanisms which, according to FENPROF, convert applications for sickness mobility into a competitive procedure that creates discriminatory situations of exclusion and non-placement and severely limits the right to special protection of teaching staff with a severe disabling illness. In support of its allegations, FENPROF refers to Article 3§1 of the Charter.
The ECSR by 9 votes to 3, declared the complaint inadmissible on 23 May 2023.
- The decision on the merits in Association of Secondary Teachers lreland (ASTI) v. Ireland, Complaint No. 180/2019
The complaint was registered on 26 April 2019. It concerns Article 5 (the right to organise) of the revised European Social Charter. . ASTI alleged that the Irish Government, by according favourable treatment to a rival trade union, the Teachers Union of Ireland (“TUI”), as regards pay and increments for the latter union’s members, interfered with the right to organise guaranteed by Article 5 of the Charter. In particular, ASTI claimed that this favourable treatment influenced the choice of teachers as to the trade union they should join or in which they should remain contrary to the provisions of the Charter.
Pursuant to Article 8§2 of the Protocol providing for a system of collective complaints, this decision will not be made public until after the Committee of Ministers has adopted a resolution or a recommendation, or no later than four months after it has been transmitted to the Committee of Ministers.
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