Autore
Di Comite, Valeria

Titolo
La parità di trattamento in materia di prestazioni sociali per i cittadini di Paesi terzi lungo soggiornanti: alcune riflessioni in occasione della sentenza della Corte di giustizia sul reddito di cittadinanza
Periodico
Freedom, security & justice (Online)
Anno: 2024 - Fascicolo: 3 - Pagina iniziale: 26 - Pagina finale: 39

In order to protect migrants, who are people in vulnerable situations, it is crucial to establish national policies in conformity with International and European Law. To this purpose, it is necessary to find a balance between two different objectives: the integration of third-country nationals in the hosting Member State, on one side, and the national economic and welfare system, on the other. EU Law protects third-country nationals who legally reside in the EU, especially long-term residents. They enjoy the right of national treatment in order to benefit of domestic measures of social assistance and social security, useful for fighting against poverty and assuring better conditions of life. National courts and CJEU have protected the right for social assistance of third-country nationals in several judgments. This paper focuses on the Judgment of CJEU of July 29, 2024 which concerns the interpretation of Article 11, para. 1, d) of Directive 2003/109/CE. The main question deals with the requirement of a previous ten-year residence in the territory of a Member State in order to be entitled to any social benefit. In the case in point, the Court of Naples was wondering whether such ten-year residence requirement to access the basic income was a discrimination for long-term residents and whether it was in conformity with EU Law.



SICI: 2532-2079(2024)3<26:LPDTIM>2.0.ZU;2-E
Testo completo: https://www.fsjeurostudies.eu/files/FSJ.3.2024.3.DICOMITE.pdf

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