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Italian Yearbook of Human Rights 2015


Edited By Interdepartmental Centre on Human Rights

The Italian Yearbook of Human Rights 2015 provides a dynamic and up-to-date overview of the measures Italy has taken to adapt its legislation and policies to international human rights law and to comply with commitments voluntarily assumed by the Italian Government at the international level.
The 2015 Yearbook surveys the activities of the relevant national and local Italian actors, including governmental bodies, civil society organisations and universities. It also presents reports and recommendations that have been addressed to Italy in 2014 by international monitoring bodies within the framework of the United Nations, the Council of Europe and the European Union. Finally, the Yearbook provides a selection of international and national case-law that casts light on Italy’s position vis-à-vis internationally recognised human rights.
«Italy and Human Rights in 2014: the Challenge of National/International Constitutional Synergism» is the focus of the introductory section of the Yearbook. The complex network of monitoring actions carried out by the supranational bodies, and the relative reporting requirements Italy must meet, can only be viewed in the context of reciprocal exchange and strengthening between the provisions enshrined in the national Constitution and international human rights law.
The Italian Agenda of Human Rights 2015 represents an updated orientation tool intended to support the commitment taken by the Italian Government in the framework of the second Universal Periodic Review (October 2014) before the UN Human Rights Council.
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Italy in the Case-law of the Court of Justice of the European Union


The requests for a preliminary ruling from the Italian Constitutional Court and the Court of Naples to the Court of Justice of the European Union (ECJ) in Joined Cases C-22/13, C-61/13, C-62/13, C-63/13 and C-418/13 concerned the compatibility with EU law of the Italian legislation on fixed-term employment contracts in the school sector. The main proceedings concerned a group of employees of publicly-maintained schools (teachers and administrative staff) recruited under successive fixed-term employment contracts. Taking the view that those contracts were unlawful, they had brought actions at national level seeking the conversion of the contracts into employment relationships of indefinite duration, the payment of the salaries corresponding to the periods during which their employment was interrupted, and compensation for the damage suffered. In the context of such proceedings, the referring courts questioned the compatibility of the Italian legislation with the Framework agreement on fixed-term work annexed to directive 1999/70/CE. Making particular reference to article 5(1) of the abovementioned Framework agreement on measures States should adopt to prevent abuse arising from the use of successive fixed-term employment contracts or relationships, the referring courts asked the ECJ if the latter must be interpreted as precluding national legislation from authorising the renewal of fixed-term employment contracts to fill posts that are vacant and unfilled, pending the completion of competitive selection procedures for the recruitment of tenured staff of schools administered by the State, without stating a definite period for the completion of those procedures and while excluding any possibility, for those teachers...

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