Editorial

Editor in chief

Bruno Caruso
University of Catania

Editorial board

Anna Alaimo
University of Catania

Edoardo Ales
University of Cassino

Marzia Barbera
University of Brescia

Bruno Caruso
University of Catania

Filip Dorssemont
University of Louvain "La Neuve"

Maximilian Fuchs
University of Ingolstadt

Stefano Giubboni
University of Perugia

Nicola Kountouris
University College London

Antonio Lo Faro
University of Catania

Julia López
University Pompeu Fabra of Barcelona

Jonas Malmberg
University of Uppsala

Giancarlo Ricci
University of Catania

Silvana Sciarra
University of Firenze

09/02/2015
I precari della scuola tra vincoli europei e mancanze del legislatore domestico*

WP C.S.D.L.E. “Massimo D’Antona”.IT – 240/2015

This essay has been anonymously peer-reviewed by a referee selected by the editors. Submitted: 2015-01-29; Accepted: 2015-02-03; Published: 2015-02-09.

The paper first investigates the rules governing the fixed-term employment relationships of teaching staff and administrative, technical and auxiliary staff of schools - as applied in different ways by national courts - and then deals with the questions about the compatibility of that legislation with Council Directive 1999/70/EC on Fixed-term contracts referred to the ECJ for a preliminary ruling from the Tribunale di Napoli and the Corte Costituzionale. Furthermore the A. analyses the ECJ judgment Mascolo - with which the ECJ has answered to the referring courts that the actual application of the legislation at issue in the main proceedings leads, in practice, to misuse of successive fixed-term employment contracts in breach of clause 5.1 of the Directive - trying at last to draft some possible outcomes of the ECJ case-law at the national level.

Attached ITA
Authors
Aimo, Mariapaola
Keywords
working papers,Italy,framework agreement,fixed-term work,rights of workers,public sector,teaching,work contract,jurisprudence