BM v Ministero dell’Istruzione dell’Universita e della Ricerca – MIUR [2023

Background:

The issue arising related to Italian legislation which provided that only candidates who gained their professional experience (in higher education) at national (Italian) public institutions would be admitted to a procedure relating to the recruitment at those institutions.   The claimants brought claims to the Italian Courts challenging this where they had gained experience at institutions outside of Italy.   The Italian Courts asked the European Court of Justice to give a preliminary ruling.

Outcome:

The basis of the claimants’ argument was that the national legislation should be annulled considering the Free Movement of Workers within the EU as enshrined