Legal basis for the appeal
Guariso said that, especially as concerns the requirement of ten years of residency, the focus could be on sentence 166 of the Constitutional Court of July 2018, which found that five-year or ten-year residency required of non-EU citizens for access to rent aid for the poor was unconstitutional. As concerns the other requirement affecting foreigners, that of having a ''long-term permit'', the lawyer said, this ''excludes those holding stay permits of limited terms, who account for 35 percent of foreigners legally living in Italy."
The lawyer said that there are previous sentences on this matter too passed by the Constitutional Court, starting in 2013, especially as concerns issues linked to ''invalidity and disability''. He added that when the first requests for basic income by foreigners are rejected - for not fulfilling the requirements noted above, ASGI will initiate the first appeals, assisting the immigrants and probably beginning with a ''pilot case at the Milan Court of Labor, the fastest''.
'Lodi amendment' is discriminatory, ASGI
In addition to the introduction of the 10-year residency and the limitation to foreigners with long-term stay permits, the association claims that an amendment provided for in the conversion from decree to law on the basic income is also discriminatory. The amendment requires citizens of non-EU countries to produce documentation from their countries of origin - translated into Italian and legalized by the Italian consular authority - attesting to the applicant's ''nuclear family, income, and property in their country of origin."
The measure has been dubbed the "Lodi amendment" after the well-known case of school lunches in Lodi on which Milan judges recently ruled after an ASGI appeal. The measure is seen as yet another way to limit access to the basic income for foreigners as much as possible.