January 23
2022
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8th September 2021
Employment & Immigration Institutional law

Op-Ed: “Migrants’ Social Rights in the Dialogue between the CJEU and the Italian Constitutional Court: Long Live Article 267 TFEU!” by Daniele Gallo

In its Grand Chamber judgment in O.D. and Others v Istituto nazionale della previdenza sociale (INPS) (C-350/20), issued on 2 September 2021, the Court of Justice has recognised the rights of third-country nationals who hold single permits to receive a childbirth allowance and a maternity allowance as provided for by the Italian legislation.

The concerned third-country nationals are (i) those who have been admitted to a Member State for purposes other than work in accordance with EU or national law, who are allowed to work and who hold a residence permit in accordance with Regulation 1030/2002, and (ii) those who have been admitted to a Member State for the purpose of work in accordance with EU or national law ex Article 3(1)(b) a

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