The Court of Monza decided on the case of a non-EU citizen legally staying in Italy to which the competent authorities had denied maternity allowance through applying Article 74 of legislative decree No. 151 of 2001, for the reason that she had not a long-term residents permit. The Tribunal remembered that other provisions establishing limits to social security services in respect of foreigners legally staying in Italy had been declared contrary to the non-discrimination principle by the Constitutional Court, as being in breach of the Constitution, the ECHR, as interpreted by the European Court of Human Rights, and the Charter of Fundamental Rights of the EU. From the above the Court of Monza inferred that it was not necessary to raise the question of constitutional legitimacy of Article 74 of legislative decree No. 151, because, after entry into force of the Lisbon Treaty, the ECHR and the European Charter have become immediately applicable in national proceedings.
Decision of the Constitutional Court No. 40 of 11 March 2013