Decision of the Court of Cassation, Labour Section, No. 18523 of 11 June 2014

The principle of non-discrimination is not violated by the fact that access to public employment (in the case at the Ministry for Economic development) is limited to Italian and EU nationals. Such circumstance is in line with the Constitution and national legislation on migration and aliens; moreover, it does not contravene any provision of the ILO Convention on Migrant Workers (No. 143). It is a matter of fact that the Convention enshrines the principle of equal treatment of workers, be they nationals or aliens; however, this does not preclude restrictions in the access to work by foreign nationals, provided that these restrictions are not unreasonable or discriminatory.