Social Rights

The European Committee of Social Rights (ECSR) has published its decision on the complaint submitted by Associazione Sindacale Militari (ASSO.MIL.) concerning social protection levels of public sector workers in the Armed Forces and Military Police Forces in Italy under the European Social Charter.

In its complaint, ASSO.MIL. alleged that Italy's failure to establish a complementary pension fund for these workers, as provided for by Legislative Decree No. 195/1995 and other relevant legislation, is in breach of Article 12 (the right to social security) as well as Article E (non-discrimination) read in conjunction with Article 12 of the Charter. ASSO.MIL. asserted that the establishment of such a complementary pension fund was required to maintain and even strengthen the right social security in line with Article 12 of the Charter, and that the absence of such a fund resulted in discrimination compared with other public sector workers who already benefited from such a fund.

The ECSR adopted its decision on the merits on 10 September 2025, finding that the failure to establish a complementary pension fund for the Armed Forces and Military Police Forces has led to the deterioration of acquired social protection levels and reflects a manifest lack of progress, contrary to the obligations under the Charter. The ECSR emphasised that States Parties cannot rely on legal or regulatory complexity to justify the non-implementation of Charter rights, and that the prolonged delay in establishing such a fund amounted to inertia incompatible with the requirement of progressive improvement under Article 12§3 of the Charter. The ECSR further found that other comparable categories of public sector workers have access to such complementary pension schemes, whereas Armed Forces and Military Police Forces personnel do not, without objective or reasonable justification. This unjustified and disproportionate differential treatment constituted a violation of the non-discrimination principle set forth in Article E read in conjunction with Article 12§3 of the Charter.

Having examined the merits of the case, the ECSR concluded unanimously:

• that there is a violation of Article 12§3 of the Charter;
• that there is a violation of Article E read in conjunction with Article 12§3 of the Charter.

 Text of the decision