BRUSSELS. United Europe has a problem with its posted workers. Citizens who practice their profession in another Member State are still too subject to bureaucratic-administrative obstacles, still too many victims of language barriers and, in some cases, of outright discrimination. Although the freedom of movement of workers is a fundamental principle of the EU, enshrined in Article 45 of the Treaty on the Functioning of the European Union, there are still two thirds of the Member States which make life impossible for them, with Italy not is an exception. In July 2021, the European Commission had been forced to launch infringement procedures against 24 out of 27 governments, and a year and a half later, little has changed.
Croatia, Estonia, France, Ireland, Latvia, Lithuania, Hungary have been able to comply, but this is not the case for the remaining members of the twelve-star club and the EU executive decides to put pressure on the capitals, carrying out the procedure against of 17 capitals. Austria, Belgium, Bulgaria, Denmark, Germany, Ireland, Finland, France, Italy, Hungary, Malta, the Netherlands, Poland, Romania, Slovenia and Slovakia are being called upon to remedy again. For all of them, Brussels continues to see a “lack of alignment of various national provisions” with the directive for the posting of workers.
The directive in question dates back almost ten years. It was approved on 15 May 2014, was published in the Official Journal ten days later and allowed Member States until 18 June 2016 for correct and complete transposition. The regulatory device defines the obligations for the correct payment of taxes and the fight against tax evasion, calls for tools to protect against unfavorable treatment by the foreign employer, and guarantees the protection of the rights of workers posted in situations of sub- contract.
The Commission had to run for cover. European integration has produced a mobility not covered by in every aspect. Also because, the Schengen agreements for free movement covers goods, capital, services, and citizens. Workers are not one of the basic categories of the Schengen system, but the single market and its functioning have made it essential to tackle the phenomenon. To date, there are still many barriers for workers from another Member State.
Italy offers an example of this with a completely new infringement procedure for its university system, which would penalize foreign readers. Although from a legal point of view it is mandatory to adjust the salaries, seniority and corresponding social security contributions of readers to those of a researcher with a part-time contract, “most universities have not taken the necessary measures for a proper reconstruction of readers’ careers.
There are now two months to convince the Commission not to proceed any further. For barriers to posted workers, the next step is referral to the EU Court of Justice, with the initiation of the case which can cost hefty fines. In favor of Italy is the large number of Member States involved. Bringing 17 Member States to trial does not seem to be the objective of the Community executive, but only to apply pressure. Of course, the “Italians first” of a certain Italian political party cannot be applied here.