Member States may make the granting of social assistance to third-country nationals conditional on the possession of a long-term residence permit, the Court of Justice of the European Union ruled in a judgment delivered on Thursday 5 March (case C-151/24).
In Italy, the National Social Security Institute (INPS) refused to grant an Albanian national a social assistance allowance on the grounds that she did not have the residence permit for long-term residents required under Italian law.
The Court of Justice has been asked to give a preliminary ruling on the principle of equal treatment between citizens of a Member State and nationals of non-EU countries as laid down in EU law (Directives 2011/98 and 883/2004). It takes the view that this principle applies only to social security measures for people who are active on the labour market.
These measures are characterised by three elements: - they cover risks expressly provided for in the directive (883/2004, Article 3); - they are granted on a non-discretionary basis; - they are funded by contributions paid by employees and employers.
On the other hand, notes the European judge, the social assistance in question is a special cash benefit, granted independently of the completion of a period of work and intended to cover a state of need arising from indigence. It does not therefore fall under the concept of ‘social security’, but rather that of ‘social assistance’, paid for by the public finances of the host country, he adds.
In these circumstances, according to the CJEU, Member States are free to make the granting of social assistance subject to a condition demonstrating a certain degree of integration of third-country nationals in the host country, such as possession of a long-term residence permit.
And the Court pointed out that a European citizen can only benefit from social assistance in the host Member State if he or she has a permanent right of residence in the territory concerned.
See the judgment of the Court of Justice: https://aeur.eu/f/l1k (Original version in French by Mathieu Bion)