TY - JOUR
AU - Jesse
AB -  Common Market Law Review 49: 2003­2018, 2012. © 2012 Kluwer Law International. Printed in the United Kingdom. Joined Cases C-424/10, Tomasz Ziolkowski v. Land Berlin, and C-425/10, Barbara Szeja, Maria-Magdalena Szeja, Marlon Szeja v. Land Berlin, Judgment of the Court of Justice (Grand Chamber) of 21 December 2011, nyr. 1. Introduction Article 16 of Directive 2004/38 provides the conditional right for Union citizens to acquire permanent residence after five years of continuous prior legal residence in a Member State. The permanent residence right provided in the Directive confers elaborate rights to equal treatment and access social welfare benefits. Permanent residents are to be treated as "nationals in all but name".1 That very characteristic naturally renders the question when one qualifies for permanent residence a politically sensitive issue. For the acquisition of permanent residence under Article 16, Union citizens have to show that they have resided "legally" in the "host Member State". The Grand Chamber had to decide questions about the exact definition of the term "legally" in the sense of Article 16 in the case annotated here, in other words, what is legal residence? Does legal residence pursuant to a residence permit issued solely on grounds of national 
TI - Joined Cases C-424/10, Tomasz Ziolkowski v. Land Berlin , and C-425/10, Barbara Szeja, Maria-Magdalena Szeja, Marlon Szeja v. Land Berlin , Judgment of the Court of Justice (Grand Chamber) of 21 December 2011
JF - Common Market Law Review
DA - 2012-01-21
UR - https://www.deepdyve.com/lp/kluwer-law-international/joined-cases-c-424-10-tomasz-ziolkowski-v-land-berlin-and-c-425-10-CmFXsDmLUq
SP - 2003
EP - 2017
VL - 49
IS - 6
DP - DeepDyve
ER -