(ANSA) - ROME, 12 JAN - The long-stay permit required for foreigners from outside the EU to access the baby bonus and maternity allowance is unconstitutional. This was established by the Constitutional Court, which held the current provisions in contrast with articles 3 and 31 of the Constitution and with article 34 of the Charter of fundamental rights of the European Union. In particular, the rules that exclude from the granting of the two allowances third-country nationals admitted for work purposes and those admitted for purposes other than working activity who are allowed to work and who are in possession of a residence permit lasting more than six months are dropped. .
The issue was raised by the Court of Cassation, arguing that the discipline was detrimental to the principle of equality and the protection of motherhood.
Before deciding, the Council had posed two questions to the Court of Justice of the European Union, which stated that the Italian legislation is not compatible with Article 34 of the EU Charter of Fundamental Rights, which provides for the right to social security benefits, or with Article 12, paragraph 1, letter e), of Directive 2011/98 / EU, on equal treatment between citizens of third countries and citizens of Member States.
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