Court of Justice of the European Union Rules on Periods of Imprisonment and Permanent Residence (January 16, 2014) [1]
On January 16, 2014, the Court of Justice of the European ruled in the joint cases of Nnamdi Onuekwere v. Secretary of State for the Home Department [3] and Secretary of State for the Home Department v.M.G. [4] on the effect of periods of imprisonment upon the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States, pursuant to Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004. According to the press release [5], the Court ruled that “[p]eriods in prison cannot be taken into account for the purposes of the acquisition of a permanent residence permit or with a view to the grant of enhanced protection against expulsion.” Similarly, with regard to a provision of Directive 2004/38/EC that an expulsion decision may not be taken against an EU citizen who has resided in the host Member State for the previous ten years unless on imperative grounds of public security, the Court ruled that “a period of imprisonment is, in principle, capable both of interrupting the continuity of the period of residence . . . and of affecting the decision regarding the grant of the enhanced protection” from expulsion.