European court rules Italy indirectly discriminated against long-time residents with 3rd country nationality

By Ahmet Gencturk

ATHENS (AA) – The Court of Justice of the European Union (CJEU) ruled on Monday that Italy indirectly discriminated against two long-time residents with third-country nationality.

Italy accused the two residents of violating the country's social security system by applying for and receiving benefits without meeting the necessary conditions.

However, the CJEU ruled that it is prohibited for the member states concerned impose a criminal penalty for making a false declaration about a residency condition that violates EU law.

“The residency condition at issue constitutes indirect discrimination towards third-country nationals who are long-term residents,” it said.

The court said: “A Member State cannot make access for third-country nationals who are long-term residents to a social security, social assistance or social protection measure conditional on the requirement, which also applies to nationals of that Member State, of having resided in that Member State for at least 10 years, the final 2 years of which must be consecutive.

“It is also prohibited from providing for a criminal penalty for a false declaration regarding that unlawful residency condition.”