Latest developments in 2018

AuthorFavilli, Chiara
12.1 Legislative amendments
- Legislative Decree 123/2018 of 2 October 2018, on reforming the prison system
(Riforma dell'ordinamento penitenziario).56
Article 1: prohibition of discrimination on any ground, such as sex, gender and sexual
Article 14: homosexuals should be detained into separate s ections only when the
prisoner fears harassment by other detainees and upon his/her consent. Without
consent, detention will take place in ordinary detention centres. Moreover, separate
sections should include onl y homogeneous categories, therefore preven ting the detention
of persons fearing discrimination on ground of sexual orientation in mixed sections,
where there also prisoners at risk of assau lt for being sex offenders or having committed
other crimes belonging to the police or the judiciary. In any case, training activities
should always be guaranteed together with all the other detainees.
12.2 Case law
Name of the court: Tribunal of Bergamo
Date of decision: 30 March 2018
Name of the parties: FILT CGIL v. Ryanair Dac
Reference number: No. 1586
Address of the webpage: (if the decision is available electronically)
Brief summa ry: FILT CGIL, a transport uni on, challenged an extinction clause which
entails an automatic end of the employment contract in the case of work stoppages or
any other trade union actions, not trade union membership per se introduced by
Ryanair in collective and i ndividual contracts r elated to the Cabin Crew Agreem ent for
Crew Operation. According to the Tribunal, the contested clause amounted to direct
discrimination on ground of personal belief, a concept which includes belonging to trade
unions, as had al ready been stated in the case of Fiat, Fabbrica Italia decided in 2012 by
the Tribunal of Rome. The Tribunal of Bergamo held that the extinction clause had the
effect of deterring workers belonging to trade unions from applying for a job with that
airline company, in particular taking into account the statements released by the
company’s CEO following the strike called by pilots. Moreover, a letter had been sent to
pilots and flight assistants threatening sanctions on the stri king workers.
With regard to remedies, the Tribunal found it impossible to order the cancellation of the
extinction clause because of the uncertai nty about the applicability of the l aw to
individual contracts. Therefore, the Tribunal ordered the publication of the judgment in
two national newspapers and compelled the company to pay EUR 50 000 in non-
pecuniary damages. The Tribunal made refe rence to the EU directive and the Accept
case, requiring that The san ctions, which may comprise the payment of compensation to
the victim, must be effective, proportionate and dissuasive.
Name of the court: Tribunal of Spoleto
Date of decision: 29 December 2018
Name of the parties: XX v. Prison Department
Reference number: No. 7461
Address of the webpage: (if the decision is available electronically)
56 Italy: Legislative Decree 123/2018, on reforming the prison system (Riforma dellordinamento
penitenziario), 2 October 2018, available at:

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