School, the European Court gives reason to 70 thousand Ata workers and opens the way to compensation. The beneficiaries can be thousands

twenty years to have denied rights (and money) recognized. But what the Italian state had taken away, could return it to theEurope. A new ECHR ruling, the European Court of Human Rights, rekindles the hope of the so-called ITP-Ata former local authorities, i 70 thousand school workers that at the end of the nineties, passing to the ministry of education, they lost part of their seniority: the judges of Strasbourg reiterate that the government has “cheated”, changing the law in retrospect so as not to lose in court appeals. It means that school employees may finally be recognized as a compensation. Not all, only those who still have an open dispute: between 5 and 10 thousand, perhaps less. Even so, however, for public coffers it would be a sting: the state risks having to pay tens of millions of euros.

To reconstruct the story, we need to go back to 1999, when all the school staff are brought together under one administration. The school collaborators who until then were in force in Provinces and Municipalities, about 70 thousand throughout Italy, pass through the Miur. It seems like a common sense measure, for them it will turn out to be a hoax. Unlike the central government, in fact, the peripheral ones have the seniority shots blocked and in return they perceive a “Productivity wages”: standardizing contracts is complicated, so it is decided to exclude the additional part by recognizing all seniority. The rule comes into force, but after a year at the Ministry of Economy they realize they have made a mistake: the balance is negative. So the government changes the cards on the table and in July 2000 freezes career reconstructionbut always without including the accessory part. In short, a double joke.

THE appeals they leave immediately and with the rules violated the state begins to ring the first defeats. For this reason, in 2006 the government decided to run for cover by retroactively changing the law, with an “authentic interpretation”. Goodbye career shots: with the law that now gives reason to the state most of the appeals, which perhaps had been accepted at first instance, are rejected.

Since then many of those workers have continued their struggle, also moving the front to Europe. Already in the past (between 2011 and 2012) there had been some favorable pronouncements, which however were not enough to resolve the issue. Indeed, in 2019 the Supreme Court he seemed to have put a stone on it, stating that the incentive bonus should not be included “as it lacks fixity requirements”. After all, the law said it (that of 2006).

But here is yet another twist: reinvested again in the matter, the ECHR he reiterated that the 2006 regulatory intervention was an impropriety. “Although the legislator is not precluded from regulating, by means of new retroactive provisions, the rights deriving from the laws in force, the principle of rule of law and the notion of fair trial preclude the interference of the legislator in the administration of justice “. According to European judges, Italy has practically rigged the cases. There is more: the ruling identifies a violation of the Nice card, which is a community treaty, and as such prevails over national laws.

In light of the latest verdict it seems difficult that the Cassation should not revise its opinion (and in any case, otherwise, any unfavorable judgment could be appealed to the European Court, which would condemn the Italian State to pay). It is hope for the whole category. The problem is who will be able to benefit from it: a general government intervention remains a utopia, you have to rely on the courts, but it only applies to disputes still open (for judgments that have become final or not appealed, there is nothing more to do). A few thousand. The figures at stake are still huge: the latest ruling ordered total compensation for over 400 thousand euros for just about twenty workers. Multiplied by the pending cases, it risks being a drain.

Twitter: @lVendemiale

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