Brussels – The European Commission has raised concerns about the cap on the number of foreign pupils in Italian classrooms: prompted to address the issue by a parliamentary question tabled by the PD, the Berlaymont Building has implicitly given Rome a refresher lesson on compliance with the EU Treaties and the principle of non-discrimination. At the heart of the issue is the 30 per cent threshold measure concerning pupils without Italian citizenship and those born abroad, introduced by Giorgia Meloni’s government. The Executive Vice-President of the European Commission responsible for Social Policies, Skills and Education, Roxana Mînzatu, has raised doubts about the measure’s compatibility with European law in response to a parliamentary question tabled by the Democratic Party to the European Parliament asking the Berlaymont building whether “a difference in treatment based expressly on citizenship” could “be permitted under EU law, and, if so, under what conditions.”
In her reply, Mînzatu points out that the European Treaties prohibit all forms of “discrimination on grounds of nationality,” whether “direct” – that is, where “a rule expressly distinguishes on the basis of nationality” – or “indirect” – that is, where “other criteria for differentiation effectively lead to the same result.” Discrimination of this kind is permitted under EU law only where specific derogations provided for in the Treaties apply, for example on grounds of public order, public security, or public health. Even in these cases, the Vice-President points out, the derogations must be interpreted “restrictively.”
The Commission’s referral thus raises questions regarding the compatibility of the Italian measure with the European principles of non-discrimination. The response, however, does not in itself amount to a formal ruling that the decree is unlawful, nor does it imply that Brussels has taken any action against the Italian government regarding the decree-law on education. To determine whether the measure infringes EU law, it would be necessary to assess its provisions and effects in concrete terms. However, Mînzatu assures us that “the Commission is monitoring the matter closely, paying particular attention to the provisions” on which the question was based.
The European Commission’s stance was emphasised by Nicola Zingaretti, head of the PD delegation to the European Parliament, who had tabled the question. “The European Commission’s response to our question is clear. The Meloni government’s decree capping the number of foreign pupils in classes is not only devoid of any common sense and out of touch with the reality of our schools: it also contravenes the European Treaties,” he states.
For Zingaretti, the way forward does not lie in introducing quotas, but in strengthening the education system. “The Italian school system does not need quotas, but investment: teachers of Italian as a second language, cultural mediators, smaller class sizes, more full-time provision, and measures to tackle early school leaving,” he emphasises, calling on the government to “withdraw the decree before Europe imposes on us to do so.”
English version by the Translation Service of Withub
