AG Kokott delivered a few days ago (23 January 2020) her opinion in case C‑658/18 (UX v Governo della Repubblica italiana), which is notably about the status of Judges of the Peace in Italy and the liability of the Member States for infringements of EU law:
« (1) The Giudice di pace di Bologna (Magistrates’ Court, Bologna, Italy) is a court or tribunal within the meaning of Article 267 TFEU.
(2) Article 7 of Directive 2003/88/EC of the European Parliament and of the Council of 4 November 2003 concerning certain aspects of the organisation of working time is to be interpreted as meaning that an Italian magistrate whose remuneration is made up of a small basic sum and payments for settled cases and trials must be regarded as a worker within the meaning of Article 7 of the Working Time Directive and is therefore entitled to at least 4 weeks’ paid annual leave if he or she carries out a significant number of judicial functions, cannot decide for him or herself which cases he or she handles and is subject to the disciplinary obligations of professional judges.
Such a magistrate who has been appointed only for a fixed period of time is comparable to Italian professional judges as regards the duration of the paid annual leave. He or she may therefore request the same amount of leave as professional judges pursuant to clause 4 of Council Directive 1999/70/EC of 28 June 1999 concerning the framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP. Remuneration during leave must be calculated on the basis of his or her normal remuneration during his or her judicial service.
(3) Legislation on the personal liability of judges for intentional fault or serious misconduct ‘in the event of manifest infringement of the law or of European Union law’ must, for its part, be interpreted in the light of EU law, to the effect that the application of EU law with primacy does not give rise to judicial liability. If such an interpretation is not possible, the legislation cannot be applied”.