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Italian Court: Non-EU Migrants Should Receive Household Allowance Benefits Like Italians

Italy’s Constitutional Court said immigrants from non-EU countries with long-term residence in Italy are entitled to family allowance benefits as Italian citizens, even if their family members remain in their country of origin.

In addition, the ruling said these immigrants are entitled to benefit even if their family members, such as a spouse and children, are temporarily residing in their country of origin, reports.

According to a report published by Info Migrants Consulta (Constitutional Court), applicable European law, called “the cornerstone upon which the community of national courts is based, is held together by convergent rights and obligations”.

This plan has been supported by the courts for many years. In addition, the decision was also supported by the Association for Legal Studies on Migration (ASGI), which protects immigrants from non-EU countries in court against the Italian social security agency INPS.

The case was raised by Italy’s top court of cassation while urging further study after an EU court judge said discriminatory discrimination was intolerable.

Judges with jurisdiction in this region should not apply the rules regarding the family allowance (ANF) that distinguish family members who live in the home and those who live in other countries.

Alberto Guariso, ASGI’s attorney in this regard, noted that “a family should be helped even if they live across different geographic borders, perhaps for reasons of war, religious culture or emergency situations.”

Judgment was considered very important.

“Now the country’s public administration, and therefore the INPS, must also follow the decision directly, granting a family allowance to all non-EU workers in our country who have legal documents, even if they have a wife and children who reside in their country,” Guariso said.

Data provided by the Italian Ministry of the Interior revealed, earlier, that more than 10 thousand migrants arrived in Italy in the period from January to May 2021, which represents a threefold increase compared to the figures for the same period last year.

According to figures provided by the United Nations High Commissioner for Refugees in 2021, a total of 67,477 refugees and migrants entered Italy by sea, while nearly 9,400 arrived in the country by land from Slovenia.

In this regard, five cities in Italy, in December, committed themselves to promoting the integration of refugees by adopting a document called the Integration Charter.

The authorities in Italy are trying to find effective ways to deal with a large number of migrants.

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