False Declarations for Citizen's Income: Constitutional and Supranational Compliance of the Residency Requirement in Ruling 23449/2025

Ruling no. 23449 of May 28, 2025, by the Court of Cassation marks a firm point in the Italian legal landscape, clarifying the full compliance with constitutional and supranational principles of the norms that criminally sanction false declarations for obtaining welfare benefits such as the Citizen's Income, particularly regarding the residency requirement. A decision of great importance that deserves in-depth analysis.

The Residency Requirement: Norm and Criminal Sanction

The core of the issue lies in Article 7, paragraph 1, of Decree-Law of January 28, 2019, no. 4 (converted by Law of March 28, 2019, no. 26). This provision criminally sanctions those who make false declarations regarding their previous residency to obtain the Citizen's Income. The residency requirement in the State territory, initially without limits, was later specified as five years. The untruthfulness of such information constitutes a crime against public faith, specifically ideological falsehood. The Court of Cassation, with the ruling under review, has strongly reaffirmed the legitimacy of this sanctioning provision, dispelling any interpretative doubts.

The Role of Higher Courts: EU and Constitution

The ruling of the Court of Cassation no. 23449/2025 is part of a solid jurisprudential framework, strengthened by interventions at both national and European levels. The Court explicitly referred to the ruling of the Court of Justice of the European Union of July 29, 2024 (joined cases C-112/22 and C-223/22) and the ruling of the Constitutional Court no. 31 of 2025. Both Courts confirmed the legitimacy of the previous residency requirement, provided it is limited to five years. These interventions established that a proportionate residency requirement does not conflict with either Article 3 of the Italian Constitution or supranational principles, balancing the protection of public finances with the guarantee of social rights.

In the context of false declarations aimed at obtaining the citizen's income, the provision of art. 7, paragraph 1, of decree-law of January 28, 2019, no. 4, converted, with amendments, by law of March 28, 2019, no. 26, which criminally sanctions the untruthfulness of the applicant's declarations concerning their previous residency, is compliant with constitutional and supranational principles, as interpreted by the Court of Justice of the European Union in the ruling of July 29, 2024, rendered in joined cases C-112/22 and C-223/22 and by the Constitutional Court in ruling no. 31 of 2025, even if the applicant's previous residency in the State territory is limited to five years.

This summary is fundamental as it encapsulates the consolidated jurisprudential orientation. It clearly states that the Italian law punishing those who lie about their residency to obtain the Citizen's Income is fully legitimate, deriving not only from the Constitution but also from European law. The residency requirement, although stringent, has been deemed valid and proportionate, especially after its limitation to five years, to protect the integrity of the system and fairness in resource distribution.

Practical Implications and Protection of Public Faith

The decision of the Court of Cassation reinforces the seriousness with which requests for public subsidies must be treated. For citizens, this implies greater awareness and responsibility in completing declarations. Every piece of information provided must be truthful, under penalty of significant criminal consequences. Here are some key implications:

• Accuracy of Declarations: It is crucial to meticulously verify all data, particularly that relating to historical residency.
• Criminal Consequences: Ideological falsehood in a public document, such as that contested to defendant C. F., entails severe penalties, including custodial sentences.
• Protection of the Community: The jurisprudential orientation aims to protect public faith and ensure that resources intended for social assistance are disbursed to those who are genuinely entitled.

The system, therefore, not only punishes those who defraud but also sends a clear message of prevention, emphasizing the importance of transparency and honesty in dealings with public administration.

Conclusions

The ruling of the Court of Cassation no. 23449 of 2025 consolidates an essential principle: the full legitimacy of criminal sanctions for those who make false declarations to obtain the Citizen's Income, with specific reference to the residency requirement. This pronouncement, in line with the interpretations of the Higher Courts, reaffirms the importance of the truthfulness of declarations made to public administration and the need to protect the integrity of the social assistance system. A decisive step towards greater transparency and justice in the management of public benefits.