In a landmark ruling, the Italian Council of State (Sect. III, January 27th, 2025, No. 599) declared it unconstitutional and discriminatory to exclude disability benefits from the income assessment for residency-based citizenship applications. The case involved a disabled individual whose citizenship application was rejected because her disability pension and allowance were disregarded as income, without due consideration of her specific circumstances.
This decision challenges the standard approach in evaluating income when granting Italian citizenship. Under the current system, income is usually assessed to determine eligibility for residence-based citizenship. However, the Public Administration (PA) had excluded the disability pension and accompanying allowance from the applicant’s total income, arguing that these were state-provided benefits that should not count towards the citizenship requirement. The Council of State overturned this decision, finding that the approach was not only legally flawed but also discriminatory against individuals with disabilities.
The Court emphasized that the Public Administration should have taken into account factors other than the nature of the income, such as the onset of the disability, cohabitation with family and the absence of dependents. By failing to do so, the PA denied citizenship solely on the basis of disability, in violation of constitutional rights.
This ruling clarifies that disability pensions should not be treated in the same way as other public benefits, as they are essential to an individual’s livelihood and distinct from income from employment. It signals a shift towards a more individualized and empathetic approach to assess applications for citizenship.
For individuals with disabilities, this decision is a significant step towards a more inclusive and fair application of citizenship laws, ensuring that personal circumstances, not just financial criteria, will determine access to citizenship in the future.
This article was witten by Giuditta De Ricco and Irene Lauretta.
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