In October 2023, Italy’s government adopted a decree limiting foreign students with Italian-language difficulties to 30% of classroom enrollment—a policy aimed at addressing perceived integration challenges. Proposed by Education Minister Giuseppe Valditara, the measure has drawn sharp criticism from Brussels, where the European Commission is examining its compliance with EU treaties prohibiting nationality-based discrimination.
The European Commission has responded to Italy’s decree, stating that such measures must comply with EU treaties prohibiting nationality-based discrimination. The Commission cited consistent jurisprudence from the European Court of Justice, emphasizing that exceptions for public order, security, or health must be interpreted restrictively.
Prime Minister Giorgia Meloni defended the cap as a pragmatic step to prevent ‘ghetto classrooms,’ framing it as a measure to ensure equal educational opportunities. “The cap was one of the 'common-sense measures' in the decree 'that do not divide but rather foster genuine integration, preventing the formation of 'ghetto classrooms' and ensuring equal opportunities for all students.’ The government argues the policy balances integration goals with the practical realities of classroom management.
The Commission’s scrutiny underscores the tensions between national education policies and EU legal obligations.
Critics, including Nicola Zingaretti, leader of the Pd delegation in the European Parliament, dismissed the decree as both impractical and legally flawed. “The decree of the Meloni government on the cap of foreign students per classroom is not only out of common sense and reality of our schools but also out of the treaties,” Zingaretti said. “Moving a child from one classroom to another has nothing to do with the allowed exceptions.” The Democratic Party’s stance reflects broader concerns that the policy risks exacerbating social divisions rather than resolving them.
The Commission’s scrutiny underscores the tensions between national education policies and EU legal obligations. While Italy’s government insists the cap is necessary for effective integration, the EU’s emphasis on restrictive exceptions suggests the measure may face legal challenges. The outcome of this scrutiny could set a precedent for how member states address similar issues under EU law.
As the Commission monitors developments, the Italian government must navigate growing pressure to justify the decree’s compliance with EU standards. The debate highlights broader tensions between national sovereignty and European unity, particularly in areas like immigration and education policy. Whether Italy’s approach will withstand legal scrutiny remains an open question, with implications for integration efforts across Europe.