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Periods in prison cannot be counted towards residence permit European Court of Justice, cases C‑378/12 and C-400/12.

Annemieke Lippes*

In two separate judgments, delivered on 16 January 2014, the CJEU ruled that periods of imprisonment cannot be taken into account for the acquisition of a permanent residence permit or for the grant of enhanced protection against expulsion within the meaning of Directive 2004/38 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States. Both cases were referred to the CJEU by the Upper Tribunal (Immigration and Asylum Chamber), London. Read more…

* Member of the Italian Bar Florence

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