Social Assistance Benefits in favour of Immigrants in the Italian and European Legal Framework,

The essay focuses on the issue of the recognition of immigrants’ entitlement to social assistance benefits. After some brief background on the treatment of aliens under the Italian Constitution and the application of the principle of equality also to non-citizens, specific attention is given to the subject of the recognition of social rights. In particular, an overview is provided of the evolution in State and regional legislation with respect to the recognition of the rights of foreign nationals to receive social assistance benefits and the numerous interventions of the Italian Constitutional Court. The problems inherent in Italian legislation, also in terms of its compatibility with EU law, have also given rise to a significant number of disputes before the ordinary courts. Despite the persistence of legislation that is discriminatory, even if motivated by the need to contain public expenditure, the courts at all levels have confirmed the inviolability of several fundamental principles.