Bernard J. Durkan
Question:120 Mr. Durkan asked the Minister for Foreign Affairs if he will intervene in the case of a person (details supplied); and if he will make a statement on the matter. [23220/99]
Written Answers. - Ministerial Intervention.
I understand that the matter to which the Deputy refers concerns an action which the Commission has brought against Italy in the European Court of Justice – ECJ – case number C-212/99, which claims that the Italian authorities have failed to uphold the principle of non-discrimination on grounds of nationality. The case involves the status of a number of foreign lecturers employed by Italian public universities, including some 40 Irish citizens of whom the individual named by the Deputy is one.
Under Article 93 of the ECJ's rules of procedure, member states may make an application to intervene in such cases. In the current case, I am not satisfied that intervention is the most appropriate course for the Government to follow. The Commission is responsible for enforcing the provisions of the treaties in matters such as these and the Commission is now pursuing the matter in the European Court of Justice. This is the remedy which the treaties provide for infringements such as the one alleged.
The situation of the Irish citizens is a matter of concern to me and I understand the frustration of all those involved at the length of time for which this matter has been in dispute. I am aware that rulings by the ECJ in 1989 and 1993 have not resolved the matter and that the Commission has felt obliged to return to the court for a third time. It is obviously a matter which the Department of Foreign Affairs in Dublin, the permanent representation of Ireland in Brussels and the embassy of Ireland in Rome will continue to follow closely. Action at this stage rests with the Commission, however, and it continues to be my view that the Commission is fulfilling its role.