The European Commission says EU treaties prohibit discrimination based on nationality, whether direct or indirect, and that any exceptions must be interpreted narrowly. It is monitoring Italy’s decree setting a maximum number of foreign students per classroom as the measure awaits parliamentary approval.In a response to a question from the Democratic Party (PD), Commission Vice-President Roxana Minzatu said the Commission would “follow closely” the legislative developments. Italy adopted the decree on October 1, on the initiative of Education and Merit Minister Giuseppe Valditara; it must now be converted into law by parliament.Minzatu cited European Court of Justice case law stating that EU citizens can invoke the ban on nationality-based discrimination under Article 18 of the Treaty on the Functioning of the European Union in situations covered by EU law. The prohibition applies both when a rule explicitly distinguishes by nationality and when other criteria produce the same effect in practice.Direct discrimination may be compatible with EU law only where an exception is expressly provided for in the treaties, such as on grounds of public policy, public security or public health, or under a specific provision of secondary EU law, Minzatu said. Such exceptions must be interpreted restrictively.Nicola Zingaretti, head of the PD delegation in the European Parliament, described the Commission’s response as a rejection of the Meloni government’s policy. He argued that placing a child in one class rather than another does not fall within the stated exceptions, and called for the decree to be withdrawn.Zingaretti said schools need investment rather than quotas, citing Italian-language teaching for non-native speakers, cultural mediators, less crowded classrooms, more full-time schooling and measures to tackle school dropout.
Sources: La Repubblica.