Useful references, cases and legislation
Discrimination in the world of work is often among the most difficult to find out because in many cases people do not know their rights or are afraid to denounce and be excluded. It is no coincidence that most of the reports to the Contact Centre occur during access (denied) to work. For years Unar has been committed to promoting a culture of integration in the world of work through good practices and positive actions promoted together with the social partners, employers and large companies.
Access to employment - public employment
- Department of public function 196/04: opinion on possible recruitment of non-EU citizens by public administrations through procedures referred in Article 16 of Law No. 58 of 1987
- Presidential Decree 487/94 del 09/05/1994: regulation containing rules on access to employment in Public Administrations and procedures for conducting competitions and other forms of employment in public employment
- TAR Liguria 399/01 del 13/04/2001: appeal against exclusion from public competition for professional nurse against non-EU citizen.
- TAR Veneto n. 782 del 13/01/2004: appeal against the provision of exclusion from the ranking regarding the competition class for titles only due to lack of Italian citizenship.
- Opinion of the Public Administration staff office on 31/03/2004
- Court of Genoa ord. of 21/04/2004: appeal against non-permanent employment as a result of the contest on professional health workers of non-Italian citizens.
- Court of Genova of 26/06/2004: Appeal against exclusion regarding the selection of professional health care position for lack of Italian citizenship requirement.
- Court of Genova ord. of 19/07/2004: appeal against exclusion from selection in contest of professional health care operator positions due to lack of Italian citizenship.
- Court of Pistoia of 07/05/2005: appeal ex artt. 43 and 44 of Legislative Decree no. 286/98 for admission to the competition for medical director announced by the Hospital.
- TAR Tuscany n. 4689 of 14/10/2005: appeal against exclusion from the competition for qualifications and exams issued by a hospital doctor due to lack of Italian citizenship.
- Court of Appeal of Florence of 21/12/2005: hospital-university company complaint for admission to the competition of medical executives in cardiology against non-EU citizens
- Order of the Court of Florence of 14/01/2006: appeal against exclusion of public competition for qualifications and exams banned by universities due to lack of Italian citizenship requirement.
- Court of Perugia ord. of 29/09/2006: appeal against exclusion of participation in public notices for qualifications in positions of medical director, diagnostic medicine area and services, discipline of anesthesia and resuscitation, due to lack of Italian citizenship requirement
- Cassation Sec. Work sent. n. 24170 of 13/11/2006: appeal against the provision of acceptance complaint against the order declaring the illegitimacy of the refusal by the provincial administration to proceed with registration in lists reserved for disabled people for access to work at the PA, pursuant to Law 68/1999.
- Court of Perugia ord. of 06/12/2006: appeal against the exclusion of participation in public notices for qualifications in positions of medical director, diagnostic medicine area and services, discipline of anesthesia and resuscitation, due to lack of Italian citizenship requirement.
- TAR Tuscany 38/03 of 16/05/2007: Appeal adverse public exclusion from competition of nurse health practitioner.
- Court of Biella Ord. n. 345 of 23/07/2010: accepted the appeal of an Albanian nurse for participation in a public competition
- Court of Milano, sec. work, ord. n. 5738/2010 of 30/07/2010: Foreigners from outside the EU can access jobs in local residential construction companies (ATERs) because they are public economic bodies where employment relationships are privatized
- Court of Venice recognizes the right of an Albanian citizen to participate in a public competition as a family member of an Italian citizen (spouse and mother) of 08/10/2010: the rules on the free movement of citizens of the European Union and their family members ensure access to public employment for citizens of third countries who are relatives of citizens of the European Union.
- Court of Florence, sec. detachment of Pontassieve of 11/15/2010: even the non-EU citizen can participate in the public competition for obstetrician.
- Court of Lodi n. 317 of 18/02/2011: stabilization of contracts for foreign nurses.
- Court of Bologna, n. 528/2010 of 08/03/2011: accepted the appeal promoted by a Romanian citizen and a Serbian citizen against the refusal opposed by the Ministry of the Interior to their inclusion in the ranking following a bankruptcy procedure, for qualifications and exams, for the recruitment of 650 staff, with a fixed-term contract, for the administrative and accounting job-positions for the single immigration point offices, as these positions were reserved exclusively for Italian citizens.
- Court of Trieste, sec. work, order R.G. 408/11 of 01/07/2011: the announcement issued by the Azienda Sanitaria di Trieste: the art. 27 of the T.U.imm. equates non-EU nurses to those from EU member states in accessing public employment relationships.
- Court of Trieste, sec. civil, order of 22/07/2011: rejected the complaint of the Health Services Agency of Trieste, considering that the orientation expressed by the Court of Cassation in the well-known precedent of sentence no. 24170/2006, according to which non-EU nurses could be considered holders of a subjective right to be admitted to the public employment limited to fixed-term employment relationships.
- Court of Milan, sec. work, sentence n. 6287 of 20/12/2011: the Court of Milan reiterates the illegitimacy of the exclusion of non-EU nurses from public competitions and stabilization procedures in the PA.
- Court of Brescia, sec. work, ordinance n. 3027 of 29/12/2011: the exclusion of foreigners from selection for the positions of surveyors in the census was discriminatory.
- Court of Florence, sentence proc. n. 5365 of 27/01/2012: discriminating the exclusion of non-EU citizens from the Notice issued by the Ministry for Cultural Heritage for the selection of personnel belonging to protected categories.
- A UNAR intervention in the jurisdictional proceedings Attachment
- Court of Milan, sec. work, proc. n.r.g. 16945 of 22/03/2012: The bank manager who turns to his own subordinate commits a racial harassment by referring in a derogatory and offensive way to the color of the latter’s skin.
Court of Court of Cassation (III Civil Section), No 450-2011 of 04-01-2011
The compensation for pecuniary damage and not deriving from the death of the foreigner in Italy following a traffic accident must be assured to the family member foreigner even if residing abroad at the same conditions as for the Italian citizen, regardless of the condition of reciprocity. Attachment