The paper analyses the Constitutional Court, rulings no. 54 and no. 67 of 2022, concerning the recognition of welfare benefits for non-EU citizens. The present work seeks to offer a broader view of the connections between these judgements all of which appear to be linked by a common thread. In both sentences, the Constitutional Court arrived at two different outcomes, of acceptance in the first, and rejection in the second, affirming the due respect for the principle of non-discrimination in access to such benefits. The reason why the Constitutional Court arrived at two diametrically opposed approaches, despite the fact that the same reference parameter (Article 12 of Directive 2011/98/EU) was invoked, is to be traced back to whether or not the referring judges invoked the Charter.
La corsa al trilogo ovvero la “prima parola” è quella che conta (recenti tendenze a partire da Corte Cost. sentt. nn. 54 e 67 del 2022)
Francesco Torre
2023-01-01
Abstract
The paper analyses the Constitutional Court, rulings no. 54 and no. 67 of 2022, concerning the recognition of welfare benefits for non-EU citizens. The present work seeks to offer a broader view of the connections between these judgements all of which appear to be linked by a common thread. In both sentences, the Constitutional Court arrived at two different outcomes, of acceptance in the first, and rejection in the second, affirming the due respect for the principle of non-discrimination in access to such benefits. The reason why the Constitutional Court arrived at two diametrically opposed approaches, despite the fact that the same reference parameter (Article 12 of Directive 2011/98/EU) was invoked, is to be traced back to whether or not the referring judges invoked the Charter.Pubblicazioni consigliate
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