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Italy / Constitutional Court / 182/2020

Question raised by the Court of Cassation to the Court of Justice of the European Union through the intercession of the Italian Constitutional Court (Art. 267 of the Treaty on the Functioning of the European Union)

Deciding Body type:
National Court/Tribunal
Deciding Body:
Constitutional Court
Type:
Decision
Decision date:
08/07/2020
Key facts of the case:
The Court of Cassation questioned the constitutional legality of Art. 1.125 of the Law No. 190 of 23 December 2014 and of Art. 74 of the Legislative Decree No. 151 of 26 March 2001, since these dispositions establish that third-country citizens willing to apply for the birth allowance (assegno di natalità) and the maternity allowance (assegno di maternità) must hold a EU long-term residence permit. These welfare provisions are therefore accessible only to Italian citizens, EU citizens and third-country citizens holding this kind of residence permit.
 
Key legal question raised by the Court:
According to the Court of Cassation the above-mentioned dispositions introduce an illegitimate discrimination among third-country citizens, giving a reduced share of their entitlement to relevant welfare provisions. According to the complying Court, these dispositions might violate several EU Charter dispositions, namely Art. 20, 22, 24, 33 and 34, as well as some Constitution’s dispositions, namely Art. 3, 31, 117.1.
 
Outcome of the case:
The Constitutional Court accepted the Court of Cassation’s argumentation and accepted to raise the following interpretative question to the EU Court of Justice (the case was registered as C-350/20, information available at: https://eur-lex.europa.eu/legal-content/GA/TXT/?uri=CELEX:62020CN0350). Namely, the Court of Justice is requested to explain whether Art. 34 of the EU Charter must be interpreted as to include the birth allowance and the maternity allowance, according to Art. 3.1 (b)(j) of the Regulation No. 883/2004/EC.