Overview
- The Court of Justice of the EU, which ruled Thursday, said revoking or denying Italy’s citizenship income to people with refugee or subsidiary protection for lacking 10 years of residence is indirect discrimination under EU law.
- The case began after INPS pulled the benefit from a man with subsidiary protection when an administrative check found he did not meet the residency rule, prompting an Italian judge to seek a preliminary ruling in case C‑747/22.
- Judges said EU rules require equal treatment between nationals and beneficiaries of international protection for access to job support and a minimum income, and they found the long residency threshold hits foreigners far more in practice.
- The court rejected Italy’s claim that the rule was needed to curb administrative or budget strain, finding those reasons cannot justify a measure that disadvantages a protected group.
- The judgment does not automatically restore payments, so lawyers, CAF and patronati must review cases one by one as officials design future welfare rules that avoid criteria with a disproportionate impact.