EU court rules against Italy for residence requirement
The Court of Justice of the European Union has criticized Italy for a condition attached to the granting of social assistance that excluded certain migrants. "The disputed residence requirement constitutes indirect discrimination against long-term resident third-country nationals," the court explained. Italy wrongly restricted access to social assistance to those who had been living in the country for at least ten years.
The initiative, introduced in 2018, limited payments to those who had been legally residing in the country for at least ten years, excluding more recent immigrants. The measure was passed by the then-ruling right-wing Lega and the populist Five Star Movement, and was repealed last year by the conservative government of Prime Minister Giorgia Meloni.
The Court of Justice of the European Union added that, according to EU directives, third-country nationals should have the right to a long-term residence status and equal treatment in relation to social benefits after five years.
Access to social benefits is a politically sensitive issue in Italy and elsewhere in Europe, as the population is concerned about immigration and its perceived costs to public finances. In France, the right-wing party Rassemblement National (RN) campaigned in the EU and national elections on a promise to "drastically reduce" social benefits for immigrants.
The exclusion of certain migrants from social assistance in Italy was challenged by the Court of Justice of the European Union, primarily affecting long-term resident third-country nationals and immigrants who haven't met the ten-year residency requirement.
Despite EU directives granting third-country nationals the right to a long-term residence status and equal treatment in relation to social benefits after five years, several European countries, like Italy and France, have implemented policies limiting access to social benefits for immigrant populations.
