Il conflitto tra norma interna e norma dell'Unione priva di effetti diretti nella vicenda dei precari della scuola italiana

This article originates from a series of legal actions brought before several Italian courts by many workers of the Italian State schools, with the aim of having their repeated employment contracts converted from a fixed-term to a permanent one. The case raised the problem of what happens when a clash occurs between a piece of National legislation and rules of European law which do not have direct effects. In the first part, the article deals with the present case law and its implications for National courts. In the second part, it focuses on the role played by the Constitutional Court and the reasons beyond its first reference for a preliminary ruling to the European Court of Justice. It ends looking at the different solutions that the Constitutional Court might come to, following the preliminary ruling of the Court of Justice on Directive 99/70/EC on fixed-term work.