Cap on foreign students at school, the EU: "Treaties prohibit discrimination". Valditara: “Next”

European treaties prohibit any form of "discrimination on the basis of nationality", whether "direct" or "indirect". And the exceptions, permitted for "reasons of public order, public security or public health", must be interpreted "strictly".

According to Nicola Zingaretti, head of the PD delegation at the European Parliament, the response of the vice president of the European Commission Roxana Minzatu to a question from the party on the law that imposes a maximum class limit on foreigners, "is a rejection of the Meloni government".

Certainly the Commission has decided to "carefully follow", as Minzatu reports, the legislative developments of the legislative decree desired by the Minister of Education and Merit, Giuseppe Valditara, and adopted in Italy on October 1st.

"Aware of the fact that the legislative decree will now have to be converted into law by Parliament, the Commission will closely monitor developments on the matter", writes the vice-president.

According to a "constant" jurisprudence of the Court of Justice of the European Union, Minzatu recalls, "every EU citizen can invoke the prohibition of discrimination on the basis of nationality, referred to in Article 18 of the Treaty on the Functioning of the European Union, in all situations which fall within the material scope of EU law".

"This jurisprudence - adds Minzatu - covers both direct discrimination (in which a rule expressly distinguishes on the basis of nationality) and indirect discrimination (in which other differentiation criteria lead in fact to the same result). Direct discrimination on the basis of nationality can be compatible with EU law if it is based on a derogation expressly provided for by the treaty (for example for reasons of public order, public security or public health) or on a specific provision of secondary law. Such derogations must be interpreted restrictively".