Florence appeals court emitted a July 2nd 2002 decree which wasn’t disclosed as it shouldn’t have been. This decree is a good piece of information to all migrant citizens living in Italy.
The decree talks about the right to partake public employing selections, and therefore having the chance to be employed in public administration, EU and non EU citizens won’t be allowed to some jobs entitling to hold public authority (police, magistrateship, etc). The principle according to which migrant workers legally living in Italy are to be treated the same way Italian workers are is fundamental. Therefore no limits to it can occur and migrants are also entitled to apply to public employing selections. We have already talked about this matter when commenting upon Liguria region TAR sentence which recognizes and affirms the above quoted principle to a person who asked to be employed at the council of Genova. Tar back then affirmed that consolidated act art. 2 could be perfectly applied to the situation and tar court also sentenced the abrogation of pre-existing instructions which sanctioned that being Italian or European is mandatory in order to work in public administration. Remember that public administration employs people only after selecting examinations. There are anyway some jobs (the so called law qualifications) which do not require particular training and employment occurs only via a selection among applicants and not an examination.
In both cases, selections or examinations, the rule according equal treatment to all workers is stated (and confirmed by Liguria Tar ) by Florence appeals court.
Florence appeals court had the chance of studying the case after the appeal of an Albanian citizen against Florence court sentence that during the first audience accepted that only Italian citizens can be employed in public administration.
Florence appeals court turned the sentence upside down according to consolidated act art. 2 and stated that the exclusion to public administration joc is open discrimination that can be sanctioned according to consolidated act art. 43 and 44, ruling civil action against discrimination.
Consolidated act art. 43 provides for that discrimination also is “the one illegally involving less favourable conditions or refuses employment”. The specific appeal was against Pisa hospital and the court sentenced that the hospital committed discrimination via imposing to an Albanian citizen less favourable conditions in order to take part to an employment examination.
The Albanian citizen appealed to Tar to ask to have the lawfulness of the procedure evaluated in order to have it cancelled. This person at first appealed to Florence court and then had to appeal to Tar.
This sentence is important because it reaffirms the “equal treatment” principle but also because it states that appealing to Tar is not necessary when such things happen, ordinary civil court is enough since this is a clear discriminatory behaviour as provided for by consolidated act.
We really hope that this sentence will facilitate the spreading of such experiences and above all we hope that it will help a civil human behaviour increase in pubblic offices. We often receive notes telling of migrant citizens asking to apply to public administration jobs who are told that they cannot since they are not Italian.
What to do: Legally appealing against spoken words is not possible, it is therefore important to pretend (everyone holds the right to) that application forms are accepted, that a receit of the giving in is released and also to pretend a written answer which states times up to which appealing against is possible and the qualified office who’s to appeal to.