In a ruling filed today, the Court of Justice of the European Union declared illegitimate the exclusion of foreign citizens without a long-term permit from the baby bonus, established in 2015, and from the maternity allowance for unemployed mothers.
According to the Court, this exclusion is in contrast with art. 34 of the Charter of Fundamental Rights of the Union and with Directive 2011/98 which recognizes the right to social security for all foreigners with a residence permit, even a short one, as long as it allows them to work.
Thus comes to an end a long dispute in which ASGI, through its lawyers, has engaged in recent years in all the courts of Italy, after having repeatedly and unsuccessfully reported the need to intervene on the rules now censored by the Court.
The ruling confirms that EU law can make an important contribution to the affirmation of the principles of equality – comments the lawyer Alberto Guariso of ASGI, who assisted the applicants before the Court – it is however sad to note that for many years half of foreign mothers and families were illegitimately excluded – for purely ideological reasons – from important support services that would have guaranteed greater integration social, with benefit not only for foreigners but for the entire community.
Now the INPS will have to pay benefits to all foreigners who had applied and had been rejected.
Some of the nine cases that came to the attention of the Court had been reported by other bodies and associations such as the CGIL of Brescia and Bergamo and the INAS-CISL of Milan
From next January, the two benefits will merge in the assegno unico (only allowance) which no longer has the limitation now declared illegitimate, but which still does not provide for a clear extension to all foreigners to whom Directive 2011/98 is addressed, risking to trigger new uncertainties and new disputes. In the meantime, other services remain in our system, such as the nursery bonus, still reserved only for long-term residents, to which the Italian Parliament will now have to urgently put a hand to avoid further convictions by the Court of Justice of the European Union.