Brussels, 28/10/2011 (Agence Europe) - The European Commission decided on Thursday 27 October to refer Italy to the Court of Justice of the EU because of discrimination against nationals of other member states in access to public sector jobs. In particular, legislation applicable in Italy's province of Bolzano states that job candidates resident in the province of Bolzano for at least two years have preference over other candidates in accessing posts in the province's public sector.
EU law on the free movement of workers prohibits any discrimination based on nationality in relation to conditions of work and employment. The Commission considers that Italy's preference based on residence is indirect discrimination as Italian citizens are more likely to benefit from this priority of access to employment than candidates residing in other member states.
Italy must pay family benefits to cross-border workers. The European Commission has also called on Italy to comply with its obligations under EU law to pay certain family allowances provided by the region of Trentino-Alto Adige and the province of Bolzano to people working there but living in Austria. The current refusal of the Italian authorities to pay these allowances to the workers is based on the fact that the workers do not reside in Trentino-Alto Adige or Bolzano.
The Italian government maintains that the provincial and regional family allowances fall under the notion of “social assistance” and, therefore, are not covered by EU rules, which refer only to “social security”. However, EU Court of Justice case law makes clear that a benefit may be regarded as “social security” when it is granted without any individual assessment of personal needs.
According to EU law, cross-border workers (people who work in one member state but reside in another to which they return daily or at least once a week) are covered by the social security system of the country where they work and not by the system of the country where they reside. Italy's current residence conditions for family allowances are, therefore, an obstacle to the free movement of workers. A reasoned opinion has been sent. If Italy does not bring its legislation into line with EU law within two months, the Commission may decide to refer Italy to the EU Court of Justice. (LC/transl.rt)