Il Mattino reports the opinion of Alessandro Pace who does not agree with the statements of the Deputy Prime Minister Luigi Di Maio on citizenship income. Di Maio, "it is necessary to identify a clear audience and you can only do it on those who know who they are, where they come from, that is from Italy, and where they are".
Alessandro Pace, “we are talking about an instrument that falls within the field of assistance, if a foreigner generates income in Italy, and clearly pays taxes, he is also entitled to receive, if any, a corresponding subsidy. This is stated in article 53 of the Constitution on the ability to pay. Professor Pace does not rule out that the conditions exist for the President of the Republic not to sign this law. The constitutionalist Lorenza Carlassare has a different opinion: “the provision states - it is called citizenship income: therefore you must have citizenship, residence is not enough to obtain it. Personally, it is more serious that no one is given to this subsidy, not that it is reserved only for Italians. Article 38 of the Charter states that "every citizen unable to work and without the necessary means to live has the right to maintenance and social assistance". But the next paragraph states that "workers have the right to provide and ensure adequate means for their needs in life in the event of accident, illness, invalidity and old age, involuntary unemployment". In fact, involuntary unemployment, those who would like to work but cannot find a job, to which dignity must be guaranteed ”.
The jurisprudence has moved in the opposite way. For example, in the 2011 the Supreme Court rejected the regional Friulian law that excluded from the disbursement of the anti-poverty fund who was not resident in the region for less than 36 months. According to the judges, it violated the principles of equality and reasonableness. Something similar happened with the baby bonus, which the 2007 law granted only to regular immigrants with a long-term residence permit. In this regard, Tiziano Treu, former Minister of Labor now at the head of CNEL, points out that "it is unacceptable, according to European law, that a welfare benefit such as the income of citizenship can be given only to Italians".
The reference is above all in the residents directive, 2011/98 / EU, which requires that "third-country workers who legally reside in a Member State" be guaranteed "a more effective integration policy that aims to give them similar rights and obligations to those of Union citizens ".
In this regard, Natale Forlani, former director of the Immigration Department of the Ministry of Labor, tells us, “if the government makes such a rule, the judiciary, which has never split the job offer for income support, cancels it after three months.
Then the status of "long-term residents" does not hold up if it is a question of savings; because in Italy 70 percent of the foreigners present are ”.
According to the labor lawyer Piergiovanni Alleva, already head of the legal consultation of the Cgu and councilor of Di Maio for the decree Dignità, the question is more complex. "We need to clarify whether we are dealing with a welfare or assistance instrument. In the first case only those who pay contributions, are entitled to a benefit. And regardless of citizenship. If instead the income of citizenship is considered a universal right, a measure of social security, then it can not stand the distinction between Italians or not ".