European Court: In order to benefit from social assistance, European countries may require that the applicant have a long-term residence permit in the respective country, when coming from a country outside the EU.
The principle of equal treatment in social benefits for third-country nationals applies only to those who are employed, but not to people who are not working, the European Court of Justice in Luxembourg ruled on Thursday (05.03.2026). (Case C-151/24)
Albanian woman in Italy goes to court
The plaintiff was an Albanian woman who had been living legally in Italy with her son for ten years. She has a two-year residence permit for family reasons and a work permit, but has never worked in Italy. The woman applied for a supplement to her basic pension – an Italian social benefit for low-income elderly people.
The authorities rejected her application because she did not have a long-term residence permit. The Albanian woman took the case to court and the Italian Constitutional Court referred the case to the European Court of Justice. The European Court then interpreted the EU legal principle of equal treatment of people from non-EU countries in relation to social security.
This rule applies only to employed persons and social benefits financed by their contributions. The pension supplement, on the other hand, is a social benefit independent of contributions, the European Court explained. It is financed by Italian state funds and is granted regardless of whether someone has paid. The supplement is intended to prevent economic difficulties in living. It is therefore a form of social assistance.
Assistance only with long-term residence permit
Italy is not obliged to pay this social assistance to foreigners who do not have a long-term residence permit. EU countries are allowed to make such assistance conditional on conditions demonstrating a certain level of integration, as the European Court of Justice explained. EU citizens can also claim social assistance only if they are allowed to reside permanently in the relevant territory./DW/
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