A comment upon a Labour Court order issued past March 2nd 2005 in Monza

Violation of Constitutional principles safaguarding workers, especially disabled workers

This order again raised the matter on the constitutional lawfulness of the rules that regulate the recognition of disability pensions (or benefits). Court specifically raised doubts on the lawfulness of the rules that exclude migrants workers from such benefits in case they do not hold stable residence papers nor adequate income in spite of being fully disabled.

We have many times discussed this matter and we have at the same time denounced that rules introduced by Financial Law 2000 (issued by a left-wing government) damaged a principle established by Immigration Consolidated Act: the principle that establishes full equalization of Italian and foreign workers that live in Italy on basis of stable residence papers and residence permits as well. The two kinds of permits do not differentiate the right to social security benefits. The rule we are talking about was approved of within Financial Law 2000 and it limits the right to social security benefits to foreigners that hold stable papers. This means that if a foreign worker becomes disable, he/she cannot apply to disability pension if his/her papers are not stable ones. At the same time he/she cannot have stable papers issued because if someone is disable he/she cannot work and his/her income won’t therefore allow to the issuing of stable papers.

The Labour Court in Milan decided to question on the Constitutional lawfulness of this rules and the subsequent Monza’s Court’s order was sentenced with the same arguments: violation of constitutional principles that should safeguard all workers. Constitutional principles especially safeguard citizens that are anymore capable of taking care of themselves, as Italian Constitution art. 28 provides for. Both Courts also underlined that Constitutional art. 10 is being violated. Art. 10 safeguards foreigners’ juridical conditions and it obliges Italian law to abide by International Labour Organization (ILO) Convention 97/1949 whose art. 6 expressively provides for that migrant citizens that regularly live in the territory are to be granted the same social rights natives have.

We are still waiting for Constitutional Court sentence to come, this sentence should make things go back to what really stated by law. Issued orders are very interesting and we are looking forward to seeing what Constitutional Court sentences.

[ 8 ottobre 2005 ]

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