Back No. 159/2018 Associazione Professionale e Sindacale (ANIEF) v. Italy

The complaint was registered on 12 February 2018. It relates to Articles 1§§1 and 2 (right to work), 4§§1 and 4 (right to a fair remuneration), 5 (right to organise), 6§4 (right to collective bargaining), 24 (right to protection in the event of dismissal) and E (non-discrimination) of the Revised European Social Charter. The complainant organisation alleges that, as a result of a change in the case-law of the Council of State end 2017, people with a primary school teaching certificate (diploma magistrale) obtained before 2001/2002 are henceforth excluded from the reserve lists from which teachers in primary school and preschool are recruited.

 Case document No. 1, Complaint registered on 12 February 2018 (original in Italian)

 Case document No. 2, Observations by the Government on admissibility (French only)

 Case document No. 3, Response from ANIEF to the Government's observations on admissibility

 Case document No. 4, Submissions by the Government on the merits (original in Italian)

 Case document No. 5, Response from ANIEF to the Government's submissions on the merits (original in Italian)

 Case document No. 6, Third party intervention by 15 Italian teachers (original in Italian)

 Case document No. 7, Response from the Government to the third party intervention

 Case document No. 8, Response from ANIEF to the third party intervention (original in Italian)

The European Committee of Social Rights declared the complaint admissible on 3 July 2018.

 Decision on admissibility of Complaint No. 159/2018

 Decision on the merits of Complaint No. 159/2018

 Resolution CM/ResChS(2022)4

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Department of Social Rights

Directorate General of Human Rights and Rule of Law
Council of Europe
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