Despite there are numerous pronunciations by the courts throughout Italy / Court of Appeal and Cassation which have deemed discriminatory the conduct of public bodies (Municipality and INPS) in cases of exclusion of foreign citizens legally residing from the right to social security benefits such as the various mum, baby and maternity allowance bonuses , such facts continue to occur.
And in fact, it is a Turin where, Municipality and INPS, have put in place another case of discrimination for denying maternity allowance to an Albanian citizen on the assumption that she was not in possession of a long-term EC residence permit / residence card.
After the silence of the Municipal Administration, even against the request for re-examination presented by the Albanian citizen, she was forced to appeal to the Court of Turin, with an appeal presented by the Avv.ti Esmeralda Elmazi, Arjol Kondi (respectively Secretary and President of theAlbanian Lawyers Association in Italy, committed in the front line on the protection of rights and the fight against discrimination) and Vincenzo Bruno.
The aforementioned lawyers represented to the judge how the conduct of the agreed bodies was discriminatory in that it aimed to exclude only and exclusively foreign citizens from the performance in application of an illegitimate criterion, since in contrast with EU legislation, the European Convention for the Protection of Human Rights and the Constitution.
Consequently the lawyers Elmazi, Kondi and Bruno asked the judge to order the immediate cessation of such conduct and to recognize to the Albanian lady the right to the maternity allowance or, in any case, to compensate the damage suffered by it, equal to the value of the service denied .
The Municipality of Turin, having received this appeal and acknowledged the reasons supporting the right to the maternity allowance, provided, a few days before the hearing set for the discussion of the case, to pay the amount due to the lady.
However, the Court of Turin, with sentence of the 18.09.2019, found that the recognition of the right took place only after the appeal was filed, considered the Municipality of Turin and the Inps unsuccessful virtually, condemning the Municipality to pay the costs of quarrel.
They say they are happy with the result achieved the lawyers Esmeralda Elmazi and Arjol Kondi of the Albanian Lawyers Association in Italy which works for the diffusion of the values of the legal profession and the promotion of the participation of the lawyer of Albanian origin in the various organisms, supervises and is activated to protect the rights of individuals and in particular Albanian citizens present on the Italian territory also through initiatives aimed at introducing and modifying legal norms and establishing and maintaining relations with Italian, Albanian, international institutions and private individuals. "