L’ABITARE: TRA GEOMETRIE CHIUSE E SPAZI DI INTERAZIONE. LA NOZIONE DI ORIGINE ETNICA E IL DIVIETO DI DISCRIMINAZIONE NELL’ACCESSO ALL’ALLOGGIO ALLA LUCE DELLA SENTENZA SLAGELSE (C-417/23)

This paper analyzes the critical intersection between housing policies, urban planning, and European Union anti-discrimination law in light of the landmark judgment of the Court of Justice (Grand Chamber) of December 18, 2025, in Case C-417/23, Slagelse Almennyttige Boligselskab. The study examines the legitimacy of Danish legislation mandating the forced reduction of social housing in socalled “transformation areas” and, from a legal-philosophical perspective, the article investigates the deconstruction carried out by the Luxembourg judges regarding the notion of “ethnic origin”. Drawing upon the CHEZ and Jyske Finans precedents, the Court confirms a concept of ethnicity that is not limited solely to nationality but is instead grounded in a combination of cultural, religious, and environmental factors. In particular, the analysis focuses on the passage in which the judgment qualifies the use of the “non-Western” criterion as a form of discrimination based on a surrogate indicator. Furthermore, a parallel is drawn with the Italian legal system, with specific reference to constitutional jurisprudence concerning long-term residence requirements for access to public housing (ERP). In conclusion, this work outlines the emergence of a European “right to the city,” wherein housing is recognized as a prerequisite for human dignity, standing in opposition to any segregation practices justified by national governments through a fallacious rhetoric of social cohesion and integration.