Indirect discrimination in the access to social protection – condition of residence for a minimum period of 10 years

In the judgment of 7 May 2026 in case C-747/22, KH v Is­tituto nazionale della previdenza sociale (INPS), the Court of Justice of the European Union ruled that Italian leg­islation making the grant of a social security benefit to third-country nationals who are beneficiaries of subsidiary protection status conditional upon a ten-year residence requirement is incompatible with EU law. In connection with the challenges facing Polish social policy arising from the increased influx of migrants in recent years, the inter­pretation of EU law can serve as a valuable guide for both the Polish legislator and the courts.

Bibliografia/References

Manfredi, M. (2025). Access to Social Benefits for Third-country Nationals in the European Union Between Fragmentation and Equal Treatment, European Papers – A Journal on Law and Integration, (1), s. 191-218.