Request for a preliminary ruling from the Tribunale Amministrativo Regionale per il Lazio (Italy) lodged on 25 February 2022 – BM, NP v Ministero dell’Istruzione, dell’Università e della Ricerca

(Case C-132/22)

Language of the case: Italian

Referring court

Tribunale Amministrativo Regionale per il Lazio

Parties to the main proceedings

Applicants: BM, NP

Defendant: Ministero dell’Istruzione, dell’Università e della Ricerca

Question referred

Must Article 45(1) and (2) TFEU and Article 3(1)(b) of Regulation (EU) No 492/2011 ¹ be interpreted as precluding a rule, such as that laid down in Article 1(655) of Law No 205/2017, according to which, in order to take part in the procedure for inclusion on the lists compiled for the award of permanent and temporary teaching contracts in Italian AFAM institutions, professional experience gained by candidates at those national institutions alone is taken into account, and not experience gained at peer institutions in other European countries, given that the procedure in question is specifically intended to counter the phenomenon of precarious employment in Italy? If the Court of Justice does not hold the Italian legislation to be contrary, in abstract terms, to the European regulatory framework, can the measures envisaged by that legislation be regarded as proportionate, in concrete terms, in view of the abovementioned public-interest objective?

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¹     Regulation (EU) No 492/2011 of the European Parliament and of the Council of 5 April 2011 on freedom of movement for workers within the Union (OJ 2011 L 141, p. 1).