The EU Court rejects Italy. Citizenship income is discriminatory

Limit citizenship income to residents in Italy for ten years discriminatory. This was established in a ruling Court of Justice of the European Union.

The case concerned a beneficiary of subsidiary protectionlegally resident in Italy since 2011, who received the citizen’s incomethe concession of which was subject to the requirement of residence of at least ten years in Italian territory, of which the last two years continuously.

INPS control and revocation of the subsidy

Following an inspection, theNational Institute of Social Security (INPS) had found that this requirement was not met. He then stopped paying benefits to that beneficiary and requested the reimbursement of sums unduly received.

The interested party contested this decision before a Italian judgearguing that the requirement of ten-year residency constituted one indirect discriminationas he was satisfied more easily by Italian citizens.

The position of the INPS

In turn, INPS argued that this income was not intended to cover a primary needbut it fell within the employment and integration policieswhich justified the need for a effective link with the Italian territory.

Considering this requirement potentially discriminatory and disproportionatethe national judge had referred the matter Court of Justice to verify the compliance with Union law.

The nature of citizenship income

The European judges note that the citizen’s income at the same time constitutes a measure of access to employmentsubject to the principle of equality between beneficiaries of international protection and national citizens, and one essential social performancein the form of minimum incomealso subject to this same principle.

Secondly, the requirement of ten-year residency mainly affects foreigners and constitutes one indirect discrimination.

Thirdly, the Court believes that such requirement is not objectively justified by the fact that the granting of citizen’s income implies, according to the Italian governmenta notable one administrative and economic burdenwhich would justify reserving this concession only for people who are well integrated into the community national community.

The EU Court notes that the granting of social benefits to a person involves, for theinstitution interested party, the same costs, regardless of whether that person is beneficiary of international protection or either town of the Member State concerned.

Equal treatment in Union law

Furthermore, regarding the measures for access to employment and the essential social benefitslike the citizen’s incomeil Union law establishes that the beneficiaries of international protection have the right to equal treatmentwithout allowing the Member States to provide for requirements or limitations in addition to those provided by the legislator of the Union.

So, the length of stay in one’s territory Member State is not provided for by Union law as criterion for the granting of subsidies in question to such beneficiaries.

Contrary to the objectives of the European Union

Finally, make the granting of such conditional subsidies to the condition of ten-year residency in the Member State concerned is contrary to theobjective of Union law to guarantee a minimum performance level to the beneficiaries of international protectionwhose status it is not, by its nature, permanent and can be revokedwhich possibly entails the repatriation of the person concerned in his Country of origin.