Order of the Court of Brescia 5 October 2015

Remembering the relevant jurisprudence of the Constitutional Court, including decision No. 22 of 2015, and based on Article 28 of the Consolidated Act on Migration (legislative decree No. 286/1998), the Court of Brescia ruled that Article 75 of legislative decree No. 151/2001, under which maternity pension is granted only to Italian nationals and the foreigners having a long-residence permit, was discriminatory on the ground of nationality. The provision violated, also, Articles 14 of the ECHR and 21 of the EU Charter of Fundamental Rights, as interpreted by the Strasbourg Court. The Court in Brescia deemed it not necessary to raise a question of constitutionality of the censured provision; and this because, in its opinion, once the Lisbon Treaty has entered into force, the above norms of the EU legal order have become immediately applicable in Italy as far the relationship among the individuals and the public administration are concerned.