Decisions: Темелни права - Солидарност - Социјална безбедност и социјална помош

In a request for a preliminary ruling under Article 267 TFEU, the Constitutional Court of Italy asked the ECJ if Article 34 of the Charter of Fundamental Rights of the European Union is applied to childbirth and maternity allowances and is EU law therefore to be interpreted as precluding national legislation which fails to extend the abovementioned benefits, which are already granted to foreign nationals holding a long-term resident’s EU residence permit, to foreign nationals who hold a single permit under that directive. ECJ responded that under Article 34(1) of the Charter, the EU recognises and respects the entitlement to social security benefits and social services providing protection in cases such as maternity, illness, industrial accidents, dependency or old age, and in the case of loss of employment, in accordance with the rules laid down by EU law and national laws and practices. In addition, under Article 34(2) of the Charter, everyone residing and moving legally within the EU is entitled to social security benefits and social advantages in accordance with EU law and national laws and practices. Thus, national legislation which excludes third-country nationals from entitlement to a childbirth allowance and a maternity allowance provided for by that legislation is precluded.