Order of the Court of Bergamo 16 August 2015

The Court of Bergamo examined a recourse by a number of foreign citizens against a municipal resolution under which residents were requested to pay administrative fees for an amount of 350 Euros to obtain a certificate of housing suitability. The Court found that this resolution was indirectly discriminatory on the ground of nationality, and this bearing in mind that the aliens need such certificate for exercising a number of fundamental rights (signing a contract to stay in Italy for employment, applying for, or renewing a residence card, obtaining permission to family reunification, etc.). The resolution was, in sum, illegitimate in light of Article 43 of legislative decree No. 286/1998, which prohibits discrimination against foreigners, and was to be repealed for this reason.

  • Original language: Italiano