The Italian government lost a lawsuit on May 7, 2026. Court of Justice of the European UnionThe court declared illegal the requirement of ten years of residency in the country for holders of international protection to access the Basic income, a measure similar to the Brazilian Bolsa Família program. The ruling, related to case C-747/22, concluded that the rule It violates the European principle of equal treatment..
The case originated from the situation of a foreign citizen with subsidiary protection, residing in Italy since 2011, whose benefit was canceled by the INPS (National Institute of Social Security) for not meeting the ten-year criterion. For the Court, the... Basic income It is not just minimum financial assistance, but also an instrument for social inclusion and access to employment, areas in which European law guarantees full equality between nationals and beneficiaries of international protection.
The defense presented by Rome was rejected by the judges. The government argued that the long residency period would limit the benefit to people with a higher degree of integration into the territory. The court responded that the administrative costs of granting the benefit are identical regardless of the applicant's nationality and that European legislation does not authorize member states to impose requirements beyond those already provided for by Union regulations.
The defeat has direct consequences for the system of welfare The Italian Court reaffirmed that essential measures of economic support and integration into the labor market cannot contain discriminatory barriers for holders of international protection. The judges also highlighted that linking these benefits to such a long-term residency requirement contradicts the European objective of ensuring minimum social protection for people whose status may, by its nature, be temporary or revocable.
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