Mon. Mar 3rd, 2025
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EU Judgment in Joined Cases C-112/22 CU and C-223/22 ND: Social assistance – Indirect discrimination
29 July 2024
Monday, 29 July 2024
EU Judgment in Joined Cases C-112/22 CU and C-223/22 ND (Social assistance – Indirect discrimination)
(Area of freedom, security and justice – Asylum policy – Non-discrimination on grounds of nationality – Freedom of movement for workers)
Two non-EU-country nationals who are long-term residents in Italy were accused of committing a criminal offence.
They allegedly signed applications for the “citizenship income”, a social assistance benefit designed to ensure a minimum standard of subsistence. They are alleged to have falsely certified that they met the conditions for entitlement to this benefit, in particular the requisite that they had been resident in Italy for at least ten years, the last two of which were continuous.
They are said to have unduly received a total of €3,414.40 and €3,186.66 respectively.
The Court of Naples, Italy asks the Court of Justice whether this residence requirement complies with the Directive 2003/109/CE on third-country nationals who are long-term residents.
Montag, 29. Juli 2024
Urteil des Gerichtshofs (Große Kammer) in den verbundenen Rechtssachen C‑112/22 CU und C‑223/22 ND (Sozialhilfeleistung – Mittelbare Diskriminierung)
Voraussetzungen für den Bezug des Mindesteinkommens in Italien
Ein italienisches Gesetz von 2019 sieht ein sog. Mindesteinkommen für Staatsangehörige vor. Es können jedoch auch andere EU-Bürger, deren Familienangehörige und langfristig aufenthaltsberechtigte Drittstaatsangehörige Anspruch auf das Mindesteinkommen haben. Zu den Voraussetzungen gehört u.a., dass der Antragsteller seit mindestens zehn Jahren in Italien wohnt, und das während der letzten beiden Jahre ununterbrochen.
Ein italienisches Gericht ist der Ansicht, dass diese Voraussetzung Drittstaatsangehörige benachteilige, und zwar insbesondere (nach fünf Jahren) langfristig Aufenthaltsberechtigte und anerkannte Flüchtlinge. Das Gericht hat über Strafverfahren gegen zwei Drittstaatsangehörige zu entscheiden, denen vorgeworfen wird, falsche Angaben zu ihrer Aufenthaltsdauer gemacht zu haben, um das Mindesteinkommen zu erhalten.
Das italienische Gericht möchte vom Gerichtshof wissen, ob die in Rede stehende Wohnsitzvoraussetzung mit dem Unionsrecht vereinbar ist. Sollte das nicht der Fall sein, entfalle die Strafbarkeit.
Generalanwalt Pikamäe hat in seinen Schlussanträgen vom 25. Januar 2024
die Ansicht vertreten, dass die Richtlinie 2003/109 betreffend die Rechtsstellung der langfristig aufenthaltsberechtigten Drittstaatsangehörigen dieser Voraussetzung entgegenstehe.
Weitere Informationen C-112/22
Weitere Informationen C-223/22
Details
- Date:
- 29 July 2024
- Event Categories:
- EU Court of Justice, EVENT, IEU AGENDA
- Event Tags:
- Joined Cases C-112/22 CU and C-223/22 ND
Venue
- EU Court of Justice
-
Palais de la Cour de Justice, Boulevard Konrad Adenauer, Kirchberg
Luxembourg, 2925 Luxembourg + Google Map - Phone
- +35243031
Organizer
- EU Court of Justice
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