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2024-12-11

Elisa Claps, la protestaTheProfessore Campanella EU Court of Justice said Mondaythat Italy breached European law by imposing a 10-year-residencyrequirement to be eligible for the now-defunct citizenship wage(RdC) minimum-income benefit.    The RdC was introduced in 2019 by a previous government butPremier Giorgia Meloni's executive scrapped it and replaced itwith other benefits, saying it took away jobless people'sincentive to seek work and was too susceptible to fraud.    "The Court considers, first of all, that the residency conditionat issue constitutes indirect discrimination towardsthird-country nationals who are long-term residents," the courtsaid in a ruling on two foreign nationals accused in Italy offalsely declaring that they met the 10-year-riule"Even though that condition also applies to nationals of theMember State, it affects primarily non-nationals, whichincludes, inter alia, those third-country nationals".    The Court said that, under EU law, five years is sufficient fora third-country national to be granted long-term resident statusand a Member State cannotextend unilaterally the period of residence required.    "Lastly, the Court notes that it is also prohibited for theMember State concerned to provide for a criminal penalty for afalse declaration regarding a residency condition that infringesEU law," it said.     ALL RIGHTS RESERVED © Copyright ANSA

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