The Albanian mother living in Cupra Marittima in the Marche has won the case against the INPS and the municipality of residence.
With the order of the 6 May 2019m the Fermo court will rule on the request for recognition of the so-called mother bonus provided for by art. 74 d. lgs. 151 / 2001.
In the specific case, to the applicant, a young mother of Albanian citizenship, legally residing in Italy with a residence permit for family reasons, the request was rejected because, according to the Administration's position, she was not in possession of a valid residence permit, ie the residence permit for EU long-term residents.
This request appeared to be completely discriminatory because it is a social security benefit and cannot but be recognized to the young mother in a low-income situation proven by the ISEE. As regards the INPS, as provider of the service, as well as of the Municipality of residence as responsible for the evaluation of the application.
According to the Court of Fermo, the request deserved acceptance and statute that, "Therefore the cessation of discriminatory conduct consisting in rejecting the application and in having denied the provision of the service must be ordered, as the conduct was objectively discriminatory , regardless of its intent, for having led to an exclusion illegitimately based on nationalitỳ;
the recognition of the service entails the cessation of the discriminatory conduct suffered by the applicant and the removal of all its effects, being fully satisfied with the appellant's reasons, for which the conditions for the further requests also do not apply; due to the effect, the INPS, as provider, must be condemned to pay the benefit, in the uncontested amount of Euro 1.713,10, in addition to legal interest and monetary revaluation from the balance due "
"This is the umpteenth ruling by which the Courts recognize the discriminatory nature of the provisions that tend to exclude foreign citizens legally residing in the national territory from services, especially social security", the lawyer said Arjol Kondi, lawyer from the town of Albanian origin
Avv. Arjol Kondi is active in the cases against discrimination, immigration and criminal law and is also one of the founders and Vice-president of theAssociation of Albanian Lawyers in Italy AAI Founded in 2019