Decision of the Court of Cassation, Labor Section, No. 27577 of 30 December 2016

The Court of Cassation confirmed a decision issued against the INPS, the Social Security National Institute, for not recognizing the right to obtain a pension of a foreign citizen legally staying in Italy and father of a child with severe deafness, for the reason that he had not an EU long-residence permit. The Court of Cassation grounded its decision on judgment No. 329 of 2011 of the Constitutional Court, which declared unconstitutional the applicable provisions (Article 80.19 of law No. 3888/2000) as being incompatible with EU Law and the non-discrimination principle ex Article 14 of the ECHR. Moreover, those provisions violated the rights to education, health and work, and even more seriously, insofar the violation was to the prejudice of children with disabilities.