Type: Judgment

Authority: National Courts: Merit's Courts (Italy) - Tribunale di Pistoia

Date: 03/23/2007

Subject: Concerning art. 80, par. 19 of law n. 388/2000, where it conditions the fruition of the social cheque and economic support to possession of the residence permit, the judge, who was asked to disregard national law because in contrast with EC regulation 859/2003 of 14 May 2003, denied the contrast with community law. Instead, he established a contrast between the above said law – which has been disregarded – with Art. 1 Prot. n. 1 and with Art.14 ECHR (principle of non discrimination).

Parties: Nataliya Ksendzovka /INPS

Original language: Italian

Classification: Equality - Art. 21 Non discrimination - Solidarity - Art. 34 Social benefits - Rights of foreign people

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Notices: This interpretation is innovative because it automatically disregards a national norm if it contrasts with the ECHR