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Articoli Correlati: italian honorary justice - workers - remuneration

On 23 January 2020, the lawyer of the E.U. Court of Justice, in case no. C-658/18, called to provide clarifications on the working time Directive and the framework agreement on fixed-term work, in its conclusions, considered that the Giudici di Pace (in Italian case), whose compensation is composed of a minimum basic amount, as well as indemnities paid for the defined cases and hearings, must be considered an employee, in particular when he performs judicial functions to a significant extent, cannot independently decide which causes to deal with and is subject to disciplinary obligations professional magistrates. Consequently, he is entitled to four weeks of annual leave with remuneration to be calculated on the basis of the remuneration normally received for the performance of the duties of judge. According to Italy and its higher courts, the honorary justice holds an honorary position, for which they receive a reimbursement of expenses. Instead, the appellate justice who, in the year preceding the contested holiday period, had defined approximately 1,800 proceedings and conducted two hearings per week, believed, on the contrary, that she was a worker and therefore asked for paid holidays that had been denied.