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29 July 2024

Italy: CJEU ruling on the right to basic income for long term residents

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The Court of Justice of the EU (CJEU) declared on 29 July that an Italian national law - outlining a 10-year residence requirement for access to state-provided basic 'citizenship' income - discriminates against long-term residents from third countries. 

The court recognised that EU law aims to ensure equal treatment for third-country nationals under the same conditions as nationals. The imposition of a 10-year residence requirement for access to social benefits would therefore constitute an indirect form of discrimination (prohibited by EU law). The court also prohibited from Italy from punishing false declarations concerning this residence requirement (a practice that also goes against EU law).

The case stems from a preliminary ruling issued by the Naples Criminal Court, in which the judge asked the CJEU to assess the validity of a national law which criminalises a false declaration relating to the requirement of 10 years' residence, in order to have access to social security, social assistance or social protection, and the basic 'citizenship' income.

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Publication dates
Geographic area
Italy
Source
Posted by
Ferruccio Pastore
Country Coordinator

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