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Notice in the language of complainants 11 NOVEMBER 2025Information about the follow up to the multiple complaint on the possible incompatibility of the working conditions of honorary magistrates in Italy with various provisions of EU labour law - CPLT(2015)01071 [Update: 11-11-2025] Notice in English (can be automatically translated) Information about the follow up to the multiple complaint on the possible incompatibility of the working conditions of honorary magistrates in Italy with various provisions of EU labour law - complaint registered under reference CPLT(2015)01071 – Update.The European Commission has received a substantial number of complaints about the possible incompatibility of the working conditions of honorary magistrates in Italy with various provisions of EU labour law. The Commission has entered these complaints in the central registry of complaints under reference number CPLT(2015)01071. On 16 July 2020, the Court of Justice of the European Union held, in case C-658/18 UX[1], that these honorary magistrates should have worker status. On 7 April 2022, in case C-236/20[2], the Court of Justice of the European Union recalled its previous judgment and held that, should honorary magistrates be in a comparable situation as ordinary judges, they would be entitled to equal treatment in terms of paid annual leave and social security protection. On 27 June 2024, in case C-41/23[3], the Court confirmed that honorary magistrates cannot be excluded from paid leave or compulsory social security and recalled that there must be effective and dissuasive measures to prevent and penalise misuse of successive temporary employment relationships of honorary magistrates.On 15 July 2021, the Commission decided to open an infringement procedure by sending a letter of formal notice to Italy as its national legislation applying to honorary magistrates did not fully comply with EU labour law. In the Commission's view, the Italian legislation failed to comply with several provisions of the Framework Agreement annexed to Directive 1999/70/EC on fixed-term work; the Framework Agreement annexed to Directive 97/81/EC on part-time work; Directive 2003/88/EC on Working Time, and Directive 92/85/EEC on Pregnant Workers. The Commission was of the opinion that several categories of honorary magistrates, i.e. honorary justices of the peace (‘giudice onorario di pace’), honorary deputy prosecutors (VPO), and honorary court judges (GOT), did not enjoy the protection required under EU labour law. For instance, they were treated less favourably as regards allowances in case of illness, accidents, and pregnancy. They also had the obligation to register with the National Social Welfare Institution fund for self-employed workers. In the letter of formal notice, the Commission also raised the fact that they experienced differences in pay and modalities of pay, as well as tax discrimination, and the questions of paid maternity leave and reimbursement of legal expenses incurred during disciplinary proceedings. Honorary magistrates were also not sufficiently protected against the abuse of successive fixed-term contracts, and they did not have the possibility to obtain proper compensation for such abuse. Furthermore, Italy had not set up a system to measure the daily working time of each honorary magistrate. Italy adopted new legislation in December 2021. The new provisions still raised issues of compliance with EU law and the Commission sent an additional letter of formal notice to Italy on 15 July 2022. Italy replied on 28 October 2022 and 15 December 2022. On 14 July 2023 the Commission decided to issue a reasoned opinion as the legal issues identified in the additional letter of formal notice had not been solved. Italy submitted several replies to the Reasoned Opinion and informed the Commission of planned legislative amendments to address the legal issues set out in the reasoned opinion. However, no substantial information was provided as regards the issues identified in relation to the honorary magistrates recruited after 15 August 2017. Therefore, the Commission decided on 3 October 2024 to issue an additional reasoned opinion (see under policy area 10. Jobs and social rights) to specify and develop the grievances regarding the latter group of honorary magistrates. On 1 May 2025, a reform of the national provisions applicable to honorary magistrates who were already in service on 15 August 2017 has taken effect (Law No 51/2025). Following that reform, the legal situation of those honorary magistrates is approximated to that of permanent public employees, with the option to work either on a full-time (exclusive) or on a part-time basis. However, the Commission considers that certain incompliances with EU law remain and others have newly arisen following the legislative amendments. On 8 October 2025, the Commission has therefore adopted a new letter of formal notice, under infringement number INFR(2025)2159, concerning only honorary magistrates who were in service on 15 August 2017. Most importantly, those honorary magistrates, in order to avail themselves of the possibility of stabilisation or to claim lump sum compensation for the abuse of successive fixed-term employment contracts, remain obliged by law to accept the waiver of any other rights arising from their honorary relationships, including directly applicable rights under EU labour law such as the right to paid annual leave and non-discrimination as part-time and fixed-term workers. In case C-253/24, Pelavi[4],the Court of Justice of the European Union ruled that such a waiver is precluded by EU law. Moreover, the new provisions entail less favourable treatment, with respect to several employment conditions, of confirmed honorary magistrates who choose to exercise their judicial functions on a part-time basis. Those provisions also fail to take into account, for the purposes of determining the pay of confirmed honorary magistrates, the periods of fixed-term and part-time service completed prior to stabilisation.Regarding honorary magistrates recruited after 15 August 2017, the Commission concluded that none of the replies of the Italian authorities to the reasoned opinion or to the additional reasoned opinion addressed the grievances raised under INFR(2016)4081. The Commission therefore decided on 8 October 2025 to refer Italy to the Court of Justice for failure to comply with EU labour law with respect to those honorary magistrates. The Commission will keep the complainants informed through this website of the follow-up given to their complaints.[1] CJEU, C-658/18, UX v Governo della Repubblica italiana, ECLI:EU:C:2020:572.[2] CJEU C-236/20, PG v Ministero della Giustizia, ECLI:EU:C:2022:263[3] CJEU C-41/23, Peigli, ECLI:EU:C:2024:554[4] CJEU, C-253/24, Pelavi, ECLI:EU:C:2025:660.
