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Emilija Berzanskaite
13th January 2022
Employment & Immigration

Court of Justice: requirement to hold suitability certificate cannot justify adoption of successive fixed-term contracts for teachers of religious education in Italy

The Court of Justice ruled today in MIUR and Ufficio Scolastico Regionale per la Campania (C-282/19) that the requirement to hold a suitability certificate issued by a Church authority does not justify the renewal of fixed-term contracts for teachers of religious education instead of their conversion to contracts of indeterminate duration.

The Italian legislation transposing the framework agreement on fixed-term work (‘Framework Agreement’) excludes the transformation of successive fixed-term contracts into contracts of indefinite duration in the teaching sector. In this context, the Court of Justice was asked to rule on the compatibility of the Italian legislation with Clause 5 of the Framework Agreement (measures to prevent abus


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