Decision of the Court of Cassation, United Sections, No. 7951 of 20 April 2016

Based on judgment No. 119/2015 of the Constitutional Court, the United Sections of the Court of Cassation enounced the principle that preventing foreign citizens from applying for participating in voluntary civil service is a discrimination on the ground of nationality. Imposing limits on the participation to this activity on the ground of nationality (for instance, by requiring that foreign citizens possess an EU long-resident permit) is a discrimination, for which foreigners may brought a civil action against the public administration, in accordance with Article 44  of the Consolidated Text on Immigration and the Legal Status of Aliens.

  • See also:

    Decision of the Constitutional Court No. 119 of 13 May 2015

  • Original language: Italiano