Rdc, EU launches an infringement against Italy: the 10-year residence requirement is discriminatory
There Commission European decided to initiate an infringement procedure by sending a letter of formal notice to Italy because its minimum income scheme is not in line with the EU law on free movement of workers, rights of citizens, residents and international protection.
“One of the conditions for accessing the ‘Basic income’ in Italy is to have resided in the country for 10 years, of which two consecutive, before requesting it. Pursuant to Regulation 2011/492 and Directive 2004/38/EC – writes the Commission – social assistance benefits such as the “Basic income“should be fully accessible to EU citizens who are employed, self-employed or have lost their job, regardless of their residence history”.
“Furthermore, they should be eligible for benefit i EU citizens who do not work for other reasons, with the sole condition that they have legally resided in Italy for more than three months. Furthermore, directive 2003/109/EC requires that long-term residents outside the EU have access to this benefit – writes the EU Executive -. Therefore, the requirement of residence for 10 years qualifies as indirect discrimination as it is more probable that non-Italian citizens do not meet this criterion”.
“Furthermore, the Italian regime of minimum income directly discriminates against the beneficiaries of protection international, who are not eligible for this benefit, in breach of Directive 2011/95/EU. Finally, the residency requirement could prevent Italians from moving outside the country for work, as they would not be entitled to minimum income upon returning to Italy. Italy now has two months to respond to the concerns raised by the Commission. Otherwise, the Commission may decide to send a reasoned opinion”.
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