Chronicles of ordinary racism 2011 - Cronache di ordinario razzismo

This ruling reaffirmed the principle of equal treatment in the access to social services for
Italian citizens and long‐term EU residents introduced by art. 11 of directive
2003/109/CE, implemented by Decree n.3/07 which modified art. 9 of the Consolidated
Law on Immigration.
The problem stemmed from the fact that aforementioned art. 11 allows Member States
to limit equality of treatment exclusively to the delivery of essential services. Thus the
question was whether or not Italy had availed itself of this particular waiver.
The answer delivered by the Gorizia Court appears fairly straightforward: as the
implementation of the ruling had not operated any distinction between the different
services to be granted or denied to long‐term EU residents, Italy had chosen not to avail
itself of the waiver. Nor it is possible to interpret the phrase “unless otherwise
determined” contained in art. 9, Consolidated Law on Immigration, as referring to any
law issued prior to this ruling that (as in the case of support to large families ex art. 65,
Law 448/1998) excluded foreigners as a whole from accessing certain benefits and was
therefore passed without taking into account the principle of equality prescribed by EU
legislation for a specific group of foreigners.
Hence the expression cannot but refer to regulations introduced in order to implement
the directive, or (at any rate) subsequent to its implementation, when national
legislation assessed whether or not the exception could meet the standards set by the
EU.. 207
The decree on “holiday vouchers”
Another episode which falls within the category of the availability of social services and
which received a certain amount of media coverage, is that of so‐called “holiday
vouchers” (not strictly a social service but aimed nevertheless at poorer sections of
society).
This affair centered on the institution by Ministerial decree, on 21 October 2008, on the
part of the then‐Cabinet undersecretary holding the tourism portfolio (now Minister for
tourism) of a holiday grant to “to be used to fund acts of solidarity towards the more
disadvantaged sections of the population” (cf. art. 1 of the 21 October 2008 decree).
This grant consisted (and still consists) in the introduction of a percentage discount on
the value of the requested holiday vouchers – which can be redeemed in specific
accommodation taking part in the scheme ‐ up to a maximum amount linked to the
number of family members. The Official Gazette of 25 November 2009 then published
the decree, which listed Italian citizenship among the qualifications necessary to obtain
these vouchers. Two appeals were submitted to the Brescia and Milan Courts to contest
this ruling.
and social assistance. Inps, inexplicably, did not make the same arrangement for citizens holding a long-term EU
residence permit.
207 The application of the principle of equality to long-term residents constitutes the most resounding proof of the
degree of irrationality that can be reached by such a disorderly system: long-term residents can claim equality in
light of directive 2003/109, but once the contributions have been extended to long-term residents, the foreigners who
see themselves cut off from them can assert the principle stated by the rulings of the Constitutional Court 306/08,
11/09 and 187/10 that automatically bypass the requisite of a residence permit at least as far as income and housing
are concerned.
Thus this particular service broadens its reach, but only by repeatedly knocking down barriers in a process that
should be more logically regulated by means of an adequate legislation or by simply a reverting to those principles
stated in art. 41 of the Consolidated Law on Immigration.
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