Through this order, the Court of Brescia declared that the claimants, two Bosnian nationals were eligible to social allowance despite they had not had their residence in Italy, continuously, for at least ten years. This condition, introduced by Article 10.20 of law decree No. 112/2008 was deemed by the Court in violation to the prohibition of indirect discrimination against the aliens as laid down in Italian legislation (legislative decree No. 286/1998, “Consolidated Act on Migration and the Status of Aliens), as well in Articles 14 of the ECHR and 1 of the First Protocol. For the Court, the censured norm was to be disregarded by the Italian judge to give prominence to the EU legislation on social security matters, which has become immediately applicable in Italy with the Lisbon Treaty entry into force.
Decision of the Constitutional Court No. 22 of 27 January 2015.