Executive Vice-President Roxana Mînzatu, in a written answer on 29 June 2026, declined to take action on the automatic removal of an Italian serviceman from his trade union position, stating that the right of association does not fall under EU legislative competence and that the case is a matter for national authorities. The answer, responding to a question from The Left MEP Giuseppe Antoci, signals that the Commission will not use rule-of-law dialogues or infringement proceedings in this instance, limiting its role to recommending that Member States ensure an enabling environment for social dialogue.
The question, submitted on 27 March 2026, concerned a 24 December 2025 memorandum by the Italian Armed Forces General Staff that removed a serviceman from his trade union leadership role under Article 1477b(2)(a) of the Italian Military Code, following a disciplinary suspension confirmed by the Council of Administrative Justice for the Sicily Region on 15 December 2025. Antoci argued that the automatic removal, without individual assessment, violated Article 2 TEU and the Charter of Fundamental Rights.
Mînzatu's answer offers no concrete proposals, numerical targets, or deadlines. It reiterates that the Charter applies to Member States only when implementing EU law, and that national courts bear primary responsibility for safeguarding rights in individual cases. The Commission points to the Council Recommendation on strengthening social dialogue, adopted in 2023, as the relevant soft-law instrument, but stops short of any enforcement mechanism.
the Commission affirms support for social dialogue in principle but defers to Member State sovereignty over military trade union rules, citing Article 153(5) TFEU which excludes the right of association from EU legislative competence. No institutional follow-up is signaled beyond the existing recommendation framework.
Italian military personnel face no change in their restricted trade union rights; the Commission's hands-off approach leaves national legislation unchallenged. The Italian government gains a clear signal that Brussels will not intervene in its military disciplinary code. EU-level social partners receive only a reaffirmation of existing soft-law instruments, with no new enforcement tools. The European Parliament's The Left group sees its attempt to trigger EU scrutiny rebuffed, highlighting the limits of parliamentary questions in prompting Commission action on fundamental rights in national security contexts.