Italy at risk of infringement proceedings for discrimination against lay tax judges

Brussels – Italy is at risk of infringement proceedings for discrimination against tax judges and national rules that may not conform to EU standards. The European Commission is turning the spotlight on the country after pressure from Aldo Patriciello (FI/EPP), who asked for an explanation in a parliamentary question. The EU executive is taking a serious look at the situation, and possible calls to order cannot be ruled out.

“The Commission recently received several complaints from lay tax judges,” said Nicolas Schmit, European Commissioner for Labor and Social Affairs, in his response. The complainants, Schmit admits, “raise questions of discrimination in respect of working conditions, including remuneration, annual leave and social security protection.” As a result of the complaints, Brussels took action, turning the spotlight on Italy.

“In light of the recent complaints and additional information provided by the complainants, the Commission services are currently assessing the conformity of the reformed national legislation with the EU law requirements,” Schmit said. A clarification with clear practical implications. Should the relevant checks find that Italian law does not comply with EU law, the Commission could order the government to undertake the appropriate remedies. Translated: sending the letter of formal notice and the automatic opening of infringement proceedings.

Schmit said what the relevant Commission departments are looking at and will look at. Work is being done to “ascertain the worker status of lay tax judges for the purposes of the EU labour law acquis.” More specifically, the commissioner continues, the focus is on “compliance with the principle of non-discrimination of part-time workers  vis-à-vis comparable full-time workers, considering the differences in treatment between lay tax judges and tax magistrates under the reformed national rules.” The government is on notice.