Italian Constitutional Court (Corte costituzionale italiana), No. 54/2022, 4 March, 2022

Exclusion of non-EU foreigners not in possession of a residence permit from state benefits

art. 1, c. 125, law 23 December 2014, n. 190
art. 74 of Legislative decree 26 March 2001, n. 151 
 

The principle of equal treatment ties in with the principles enshrined in Articles 3 and 31 of the Constitution and corroborates and illuminates their axiological content, with the aim of promoting a broader and more effective integration of third-country nationals". In this perspective, the protection of motherhood and childhood referred to in Article 31 of the Constitution, does not tolerate arbitrary and unreasonable distinctions. The correlation between the requirement of an EU residence permit for long-term residents, subject to the possession of stringent income requirements, and the recognition of benefits that implement the protection of motherhood and childhood, aimed at addressing the state of need related to the birth of a child or its reception in the adoptive family, is not, therefore, to be considered reasonable