Non-compliance with the principle of equal treatment for EU citizens in connection with the recruitment of secondary school supply teachers funded under the NSRF

12 August 2015
E-012081-15
Question for written answer
to the Commission
Rule 130
Notis Marias (ECR)

Under Article 20 TFEU, citizens of the Union, that is to say every person holding the nationality of a Member State, shall enjoy the rights and be subject to the duties provided for in the Treaties.

This academic year, NSRF funding will be provided by the EU for the recruitment of secondary school supply teachers by the Greek Education Ministry.

Applicants will be recruited in accordance with a points system set out in Education Ministry Circular No 119392/Ε2 of 24 July 2015.

The circular indicates that, in awarding points, account will be taken of prior experience acquired from 2012 onwards but not, however, experience acquired over the period 2010-2012.

This effectively infringes the statutory principle of equal treatment of EU citizens, discriminating against EU supply teachers with experience acquired over the period 2010-2012.

In view of this:

What steps will the Commission take to ensure equal treatment for EU citizens by the Greek authorities in the recruitment of supply teachers funded by the EU under the NSRF?

Source: European Parliament

Answer given by Ms Thyssen on behalf of the Commission
The principles of equal treatment and non-discrimination, in the use of the European Structural and Investment Funds, are ensured in Articles 16 of Regulation (EC) 1083/06 and 7 of Regulation (EU) 1303/13.

Moreover, under Articles 14 of Regulation (EC) 1083/06 and 73 of Regulation (EU) 1303/2013, the Member States and the Commission share the responsibility for the management and control of the co-funded programmes according to their respective responsibilities as laid down in the relevant Regulations. Therefore, it does not fall under the competences of the Commission to decide on specific eligibility criteria for beneficiaries.

Finally, it should be recalled that Article 45 of the Treaty on the Functioning of the European Union prohibits any discrimination based on nationality between workers of the Member States as regards employment, remuneration and other conditions of work and employment. The information provided by the Honourable Member of the European Parliament in his question does not indicate that the conditions of recruitment of supply teachers are discriminatory towards workers from other Member States. Article 45 is directly applicable and citizens alleging violation of the principle of free movement of workers may rely on it directly before national courts.

Source: European Parliament

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