For the European Commission, the obligation to have resided in Italy for at least 10 years is discriminatory. Open infringement for similar reasons also for the single allowance for dependent children
There European Commission has opened an infringement procedure against Italywith a letter of formal notice, because the conditions for accessing the citizen’s income conflict with EU rules on the free movement of workers and citizens’ rights. In particular, it concerns the obligation to have resided in Italy for at least 10 years: the income, according to the EU executive, should be accessible to EU citizens who are entitled to it, regardless of their past as regards residence.
The The requirement of ten years of residence in Italy for the Commission constitutes “indirect discrimination”, since it is more probable that non-Italian citizens do not respect it. Among other things, income also discriminates against beneficiaries of international protection, who do not have access to the measure. Finally, the residency requirement could discourage Italians from going to work abroad, as they may no longer qualify for income once they return. Rome has two months to respond; otherwise, the Commission could decide to take the procedure to the next stage, the reasoned opinion.
A infringement proceedings on similar grounds was launched, with a formal notice, with regard to Italy as regards the single allowance for dependent children, introduced in March 2022. It is available only for those who have at least two years of residence in Italy and for those who live under the same roof as their children: both provisions are in contrast with various EU regulations. Also in this case, Rome has two months to respond, otherwise the procedure could pass to a reasoned opinion.