Observation (CEACR) - adopted 1994, published 81st ILC session (1994)

Articles 3, 5 and 10, paragraph 1, of the Convention, branch (e) (old-age benefit). In its previous comments the Committee had referred to the issue of the "social pension" to which Italian citizens are entitled when they are above the age of 65 years and satisfy certain means criteria, under the terms of section 26 of Law No. 153 of 30 April 1969. In its reply the Government states that, on the basis of the principle of equality laid down in Article 7 of the Treaty of Rome and following the European Community Court of Justice Judgment of 5 May 1983 and the European Community Regulation No. 1247 of 30 April 1992, the payment of the "social pension" will be guaranteed within the country to all citizens of the Member States of the EEC. The Committee notes this information. It once again expresses the hope that the Government will further reconsider its position in regard to the "social pension" with a view:

(a) to granting the right to this benefit, in accordance with Articles 3 and 10, paragraph 1, of the Convention, to the nationals of the other Member States for which the Convention is in force and to refugees and stateless persons (without prejudice, as the case may be, to the Government's option to have recourse to Article 4, paragraph 2(c) of the Convention);

(b) to ensuring the payment of "social pension", in case of residence abroad, both to Italian nationals and to nationals of any other Member State which has accepted the obligations of the Convention for branch (e) as well as to refugees and stateless persons (without prejudice to the Government's option to have recourse to Article 5, paragraph 2, so as to subordinate the payment of this benefit to participation of the Members concerned in schemes for the maintenance of rights, as provided for in Article 7 of the Convention).

The Committee asks the Government to indicate progress made in this respect in its next report.