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15/11/2022
IT: The Tribunal of Bergamo submitted a question for interpretation of the recast Qualification Directive on the rights of beneficiaries of subsidiary protection.

ECLI
Input Provided By
EUAA IDS
Other Source/Information
Type
Referral for a preliminary ruling
Original Documents
Relevant Legislative Provisions
Revised Qualification Directive (Directive 2011/95/EU on standards for the qualification of third-country nationals or stateless persons as BIP for a uniform status for refugees or for persons eligible for subsidiary protection- recast)/or QD 2004/83/EC
Reference
Italy, Civil Court [Tribunali], K.H. v Istituto nazionale della previdenza sociale (INPS), 15 November 2022. Link redirects to the English summary in the EUAA Case Law Database.
Permanent link to the case
https://caselaw.euaa.europa.eu/pages/viewcaselaw.aspx?CaseLawID=3177
Case history
Other information
Abstract

Case registered before the CJEU under C-747/22


The Italian ordinary Tribunal of Bergamo has submitted a request for preliminary ruling before the CJEU on the rights of beneficiaries of subsidiary protection.


The question is as follows:


‘Are Articles 29 and 26 [of] Directive 2011/95 to be interpreted as precluding a national provision such as that contained in Article 2(1)(a) [of] Decree-Law No 4/2019, which provides for a requirement of 10 years’ residency in Italy, in addition to the condition of 2 years of continuous residency prior to application, in order to access an anti-poverty benefit supporting access to employment and social integration, such as the “basic income”’?
Country of Decision
Italy
Court Name
IT: Civil Court [Tribunali]
Case Number
Date of Decision
15/11/2022
Country of Origin
Unknown
Keywords
Content of Protection/Integration