Loading ...

Labor, Movement, precarious

A truce for change FEW AND SOME PROMISE
Contribution to the defense and retraining dell'Universita 'public.

According to press reports the minister Gelmini was obtained by the Conference of Rectors, the National University Council and the National Council of students in universities a truce with the promise to open a "permanent consultation table", while the government is proceeding to decree a law overturn the attitude of Italian universities,
with standards that will be operational immediately before the announcement comparison can start. Decree Law No. 112 of June 25 last year provides. 16, the chance 'to turn the Universita' foundations in private law in the name of flexibility 'and competition, with a suspension of the rules of accounting' of
State, even if it remains to review by the Court of Auditors, without specifying pero 'the legal status of staff already' employed by the university 'and how' of future recruitment.

Rather than promote reform and closer scrutiny of spending mechanisms of universities (from polyclinics university) with the ethical standards of procedures for recruitment and career progression, the compatibility 'arising from economic maneuver of the Berlusconi government are creating an opportunity , One might say the pretext, to complete the process of privatization of universities' state. This process, launched by the Minister Ruberti in the late 80s, has marked successive stages with the help of the various governments that have followed over time, always under the pressure of the groups most academics' strong and Confindustria who
conditional on time and in content, the necessary legislative and regulatory measures at the discretion 'of the Minister of turn.
A process that some components and student organizations of teachers, from the Panther movement in 1989, had already 'denounced for its devastating effects, consisting of emptying the decision-making prerogatives of the organs of government, despite the adoption of new statutes, the devaluation of qualifications and
proliferation of courses, usually in order to create new posts of professor and thus ensure 'reproduction of caste and its academic co logical selection and "family".

Decree Law 112 of 25 June 2008 sets the scene now, even amid
numerous contradictions and omissions, to complete the design
privatization of universities, in reality 'to destroy the universities' public favoring reality' most academic 'strong, clear the state
legal gia 'acquired university employees, everyone, and insert strong criteria for ranking among universities and therefore among the teachers, some of them sentenced to life in a precarious situation. Among other measures, blocking the turn-over of staff is
as the tombstone dell'Universita 'public. No attention to the real needs of students and their families, behind the usual ritual formulas that draw university autonomy, and no response to the expectations of 40. 000 teachers precarious ensure that today the operation of the universities'. Indeed, the prospect of further privatization of state-universita' foundations away the possibility 'of a framework and examine the role a precarious life and the transformation of contractual time limit in fixed-term contracts. The level of research university italian, yet appreciated at international level, will result 'drastically reduced. The cd. brain drain will continue 'unstoppable. It will not deal 'only the most' young people.

The cornerstone of turning that you want impose on universities by decree law is the transformation of universities' in foundations, private law subjects, with an extensive deregulation of labor relations for which we provide links only to turn over e-cuts wage. As if this "tatcheriana" a guarantee
more 'productivity' "universities, in national and international competition, and new opportunities for integration (of course precarious) for young researchers, as well as a more 'close connection between universities' and the world of work. The decree also sets out how new 'tax' advantage to those individuals wishing to contribute to
these new foundations and opens the way for the likely financial incentives for those state universities that "optassero" for this form of privatization. Faced with the dramatic lack of public funding many universities might be "forced" to become
universita'-foundations.

Faced with this project employs demolition dell'Universita 'public gia' announced for years, it is really surprising that the Conference of Rectors, the CUN and the National Council of students, who had expressed strong concern 'on the merits of drawing, warned the risk of a short closure of many universities, suddenly find the reasons for the truce into a "table of consultation." In the case of CUN even reaches promise, having noted the "critical '" the government proposals, support for the' action and intervention of the Minister. " In these circumstances pero 'by the minister, only vague promises and no certainty that Tremonti
to ensure universities with difficulty 'management the payment of funds to finance ordinary (FFO) completed in the past. E 'at risk so the same possibility' of a smooth conduct of business' teaching and research, starting from the next academic year.

At the astonishment could take over the outrage, and perhaps a different capacity 'response, even on the ground of political or legal proceedings, if only you consider the total lack of clarity in defining the different phases in which, from cut FFO, with the new decree law is to encourage the shift from 'public all'universita' foundation, subject to private law, steps that pose serious doubts both legal and economic and managerial.

Our system already knows' foundations as a means to outsource tasks of the university ', in accordance with Art. 59 co. 3, 1 of Law No. 388, 2000. The art. 1 of Presidential Decree 254 of 2001 which identifies the Foundation as a reorganization of the university system and partial "privatization" of public defines in detail the activities' and services that can be outsourced through the establishment of foundations: purchases of goods and services, technical offices, computing centers, computer centers and other services, including a part of 'training (master) and services for the right to study so far managed by the regions. As Ferdinando Di Orio, president of the National Coordination on Foundations, the project Tremonti-Gelmini and 'very different from that represented by the Foundations currently operating "on the side" of the national university system. The government proposal coincides with a de facto privatization of universities final, with their
transformation into private foundations of law, while the Educational Foundations provided by Presidential Decree 254 of 2001, representing instrumental entities instead of Universities, which could carry "the function of building meaningful relationships with the territory, attract resources,
collect bodies, ideas and suggestions for building innovative projects. " Not without obvious risks, even in this case, that the processes of privatization are geared to a mere containment of public spending rather than an actual retraining.

Now, therefore, by Decree Law 112 of 2008 is to make the transition from the foundation as a tool employed by universities' processing of the same university 'in foundations. According to the decree law proposed by the Berlusconi government "Foundations university assume all the rights and obligations and ownership 'of
dell'Universita heritage '. At the bottom of the envelope and university foundations' transferred, by decree of the estate, the properties' real estate gia 'in use at Universita' processed. "

L 'art. 16 of Decree Law is in violation with the art. 33 of the Italian Constitution stipulates that the university autonomy and the entire Title V of the Constitution, which gives the State the responsibility for university education and therefore a unique legal status and staff of public universities' state. The university autonomy, recalled at the opening of the bill, can not 'become an excuse to circumvent the laws of the state and even constitutional provisions.

As Alessandro Somma, "at least curious and 'pretend to implement the Constitution - violated, inter alia, because the material does not meet the conditions necessary' and urgency required to bring a decree law (Article 77) - which in part callback (Article 33) says nothing useful to base the transformation of public universities in the foundations of law
private. According Sum "the Constitution says things incompatible with a similar way: institutions and individuals have the right to establish schools and institutes of education without charges for the State (Article 33 c. 3). And here we are facing, more 'that the establishment of a private education institution, the transformation of a public body in private, with considerable burden on the state (see paragraphs 2 and 3). All this according to a logic that now seems typical Italian style of privatization: in truth 'a sale or gift of family jewels. Many doubt raises the possibility 'that decide to privatize the Academic Senate,
resorting to this end to a not particularly qualified majority (only an absolute majority of its members). The fact that the MEF has no say, confirms the character of measures to control spending as inspiring real reason for reform. " (footnote 1).

The point is not some abstract skills in university foundations. The decree law does not provide the detailed regulation about the new "university foundations" that would introduce no more 'as a tool employed by universities', but as an expedient to transform the nature of the
university, with a final privatization of the entire system of higher education. But it seems more privatization 'an excuse to attack single legal status of workers and to contain resources for all'universita' that a serious prospect of reform actually pursued by the legislature, and also ventilated
Privatization seems to stop halfway ', and as' confirmed by the subjection of new universities' / foundations to review by the Court of Auditors, in accordance with Art. 16, para 11 of Decree Law.

The Council of State, however, with an important ruling, noted that "should also consider public companies' carrying out activities' major public objectively and precisely for this reason are required to operate as public administrations" (Council of State, Sec. VI, 17/10/2005 No. 5830), including the transformation of the Universita 'Foundations in private law may not be helpful to clear the institutes guarantee contracts of employment of civil servants serving the university' . The same relief "objective journalism" of the activities' of university foundations could prevent the university '/ foundations for the adoption of decisions based solely on the criterion of reducing costs. The
Reform announced, also called for an initiative, more 'apparent that substantial, individual offices and a strong and persistent power to address the Ministry of Education, through the leverage of funding, appears to contain contradictions and omissions that threaten to further paralyze Works' university.

If there is a transformation of universities in foundations that can 'carry' a leopard spot "on the basis of resolutions by an absolute majority of academic Senates, we risk a serious differentiation of universities with growing imbalances between north and south of the center - country, as relations with the businesses and sleeps' contribution of local authorities.

As you plan to ensure equal 'treatment in accordance with Art. 3 of the Constitution to those employees, teachers and administrative and technical staff, which could be discriminated against in pay and career prospects, only because the service of a university 'public or private law foundation? What will the collective work? Certainly we lay the foundations for triggering a conflict 'widespread in the academic Senates, with consequences that could be devastating to the already' criticisms of many universities. It would be possible
appeal to the courts to invoke the ordinary VOID 'of the acts setting up foundations, or challenge acts deliberative nature of a contract, under Article. 1418 Civil Code, as one might call into question the Court of Justice of the European Union with a question, to counter the regulations or negotiating violating the parity '
treatment of employees dell'Universita ', for example unequal' pay if employees by the same employer, a parity 'qualifications and worked. Not to mention the chance 'to exercise, even by workers in precarious, idiritti questions in the court of work.

In the sixth paragraph of Article. 16 of the decree, "when the act of transformation are adopted the statute and regulations of administrative and accounting 'of university foundations, which must be approved by decree of the Minister of Education, Universities' and research, together with Minister of Economy and Finance. The statute may 'include the entry into the university foundation of new entities, public or private. " Which university autonomy will 'be guaranteed by universities' turned into foundations that depend on public and private contributions, according to criteria for evaluating the results of teaching and research that will certainly prejudice the interests of external donors?
How to ensure the democratic 'and the decision-making prerogatives of the organs of government dell'Universita' / Trustees with the needs of funders, public or private, from the point of view of research and recruitment? How to implement 'the transition of responsibilities from academic Senates to the boards of new
universita'-foundations? What kind of legal and management will be 'fixed for the university polyclinics and what guarantees we can offer the acquired rights of workers dell'Universita' and the right to full recognition of professionalism 'experience teaching staff and technical administrative ?
It is noted from time as well as university foundations cd. "Instrumental" present serious risks to workers in the university to use more and more 'to massive cd. "Outsourcing" (ie 'to finding professional' out of the Universita 'through consulting, professional or use and abuse of student work colleagues, students, volunteers). With the transformation of the universities' foundations in the situation could become even more 'confused, especially in the social and health services, to the detriment of users' rights (as well as students) and security personnel working in service and a massive cutting of staff of administrative and technical universities and university polyclinics.

What parity 'treatment can' be guaranteed the Universita 'of various Italian regions, and students, particularly those "worthy and able" that will have the fortune to be born in different regions?
What would happen if the Ministry of Education to establish more financial contributions' consisting only to those universities that have accepted the transformation in the foundation or who were capable, more 'than others, to raise private funding?

The only certain perspective, and immediate, and 'an indiscriminate increase of tuition fees, a strong differentiation of training courses and degrees awarded by universities' and a reduction in investment and regional state for the right to study.

According to art. 16 paragraph 7 of the bill, "the university foundations to adopt a regulation for the university administration, finance and accounting ', in derogation from the rules of accounting of state and public bodies, while respecting the constraints derived by Community. " There is no shortage at this point the concerns' for generic 'and the total content of the forecasts of the bill that results in substance an act of policy, referring to the subsequent regulation of the University and hence the Senates academics, the definition of mode' processing
the University 'in Foundations. With the risk, even with the certainty that each place can take a different Regulation University.

The perplexity 'increase if one considers the transformation of universities' foundations in private law in international relations and law. Even the CUN insists it as "research and high education are - as the
Berlin Declaration - purpose 'of public interest and public responsibility'. " Purpose 'of public interest which is reiterated in the perspective of creating a "common European higher education in 2010, and that on the contrary do not seem at all guaranteed by the decree law that Parliament's support in a few days. As Pasquale Nappi, it should be called the Community definition of
"Body governed by public law." It is noted in this regard as "while the Italian privatized in order to ensure competition in the market for public works and public supply, the Communities' European advertised by requiring Member States the figure legal right of the public (Guidelines 89/440, 36 and 37, 1993
Services Directive 92/50). "(footnote 2).

Nappi also recalled that at EU level "if the special framework provided a foundation for" privatized "also contains an only symptomatic of the following indexes: the management and 'subject to state control of local authorities or other bodies of law public activity 'and' the most part funded by these
past, the board direction or guard consisting of members of whom more 'goal of' and 'designated by the State, by local authorities or other public law, it is not a private law foundation, but' of a public body,
whatever the nomen used by the legislature "(Merusi). In a time when Europe is restoring a more 'balanced public-private research and university education, Italy takes the road of liberalization has shown that wild all its limits in those countries, such as Great Britain, where e 'been tested. With the result that 'just Great Britain that the country today and' forced to resort to "import" of brains from abroad to maintain a high level of scientific research and ensure a dignified courses. The transformation of the universities' public foundations and other measures contained in Decree Law 112 of 25 June 2008 threatened once again, as with other recently
approved by the government on security matters, to remove Italy from Europe and endanger the very possibility 'that our country can participate in the creation of a "European space" for university education and research.

The processes of rehabilitation, from a strict control of administrative management, evaluation of research results and teaching of, the fight against insecurity and administration personalities of recruitment and career, you can also make keeping the public nature of 'Academic institution and the legal status of its employees, the only guarantee of dell'Universita'. The above considerations highlight the risk that a reform of taste strongly ideological and propaganda, leading to completion a degenerative process that had already bipartisan 'attacked by
Time at the Universita 'public, combining the negative factors that characterize the public and private higher education system. A decree law to be converted within a few days before the summer recess, is compromised, perhaps permanently, the future dell'Universita 'Italian, and those who work and study there. No, this is not to defend their privileges to fly corporate or cash to the ministry, as some continue to believe rectors.