discriminates against non-Italians and those who have moved abroad – Corriere.it

Italy’s basic income not in line with EU law. The European Commission has therefore decided to launch a infringement procedure by sending a letter of formal notice to Italy because its minimum income scheme is not in line with EU law on free movement of workers, citizens’ rights, long-term residents and international protection. The EU disputes one of the conditions necessary to access the measure: having resided in Italy for 10 years, two of which are consecutive, before requesting it. For the EU Commission, the requirement of 10 years of residence qualifies as indirect discrimination, as it is more probable that non-Italian citizens do not satisfy this criterion. Furthermore, the residency requirement could prevent Italians from moving to work outside the country, as they would not be entitled to the minimum income upon their return to Italy. Italy now has two months to respond to the concerns raised by the Commission. Otherwise, the Commission could decide to send a reasoned opinion.

The Commission explains that under Regulation 2011/492 and Directive 2004/38/EC, social benefits such as “citizenship income” should be fully accessible to EU citizens who are employed, self-employed or have lost their work, regardless of their residence history. Even EU citizens who do not work for other reasons should be eligible for the benefit, with the only condition that they have resided legally in Italy for more than three months. Furthermore for the EU, even long-term non-EU residents should have access to this benefit according to directive 2003/109/CE. Furthermore, explains the EU executive, the Italian minimum income scheme directly discriminates against beneficiaries of international protection, who are not entitled to this benefit, in violation of Directive 2011/95/EU. Italy now has two months to respond to the concerns raised by the Commission. Otherwise, the Commission could decide to send a reasoned opinion.