The Turin Court, working section two weeks ago accepted the appeal of an Albanian citizen aimed at making the discriminatory behavior of INPS accepted in refusing to recognize the baby's bonus for the mere fact of not being the holder of a residence permit for long period.
The appeal was presented by the Albanian lawyers Arjol Kondi and Esmeralda Elmazi.
With this order, the Turin judge, referring in full to a previous judgment of the Court of Appeal of Turin of 2017, has ascertained that the check pursuant to art. 1, co. 125, l. 190 / 2015 (so-called baby bonus) is one of the "family benefits" of art. 3, co. 1, reg. EU no. 883 / 2004 as the art. 12, lett. e) dir. n. 2011 / UE / 98 requires the same social security treatment both for EU citizens and for non-EU foreigners with residence permits for work purposes.
This is not the first case of this type
Already last year, the Fermo court had ruled that there is no discrimination regarding the baby bonus, creating an important precedent.
The case was very similar to the one in Turin: in fact, a young Albanian couple had been denied the support of the INPS birth rate because neither of them had a long-term residence permit.
Even then the appeal was presented by the lawyer Arjol Kondi, who had expressed himself thus explaining the question concerning his client:
"An important principle has been affirmed that even the European Court has repeatedly sanctioned. In essence, you cannot discriminate against a family that has all the requirements to access the baby bonus, especially in the case in question.
My client has a residence permit for work, he is in the construction industry but he barely earns the necessary to pay the rent and maintenance of his wife and today of the small child. He is unable, and we have shown it, to face the cost of requesting the residence permit which is approximately 300 euros, so he always remained with his document.
Therefore it is not clear why he should be penalized twice, the first because he does not have the money to do the documents, the second in assigning support to the birth rate, despite having a very low Isee income."