# C_2022237EN.01003701.xml

| 20.6.2022 | EN | Official Journal of the European Union | C 237/37 |
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20.6.2022

EN

Official Journal of the European Union

C 237/37

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Request for a preliminary ruling from the Tribunale di Napoli (Italy) lodged on 29 March 2022 — Criminal proceedings against ND

(Case C-223/22)

(2022/C 237/47)

Language of the case: Italian

Referring court

Tribunale di Napoli

Party to the main proceedings

ND

Questions referred

| 1. | Does European Union law, and in particular Article 18 of the Treaty on European Union, Article 45 of the Treaty on European Union, Article 7(2) of EU Regulation 492/11, (1) Article 11(1)(d) of EU Directive 2003/109, (2) Article 29 of EU Directive 2011/95, (3) Article 34 of the Charter of Fundamental Rights of the European Union and Articles 30 and 31 of the Social Charter of the Council of Europe, preclude national legislation such as that contained in Article 7(1) of Decree-Law No 4 of 28 January 2019, converted into law and amended by Law No 26 of 28 March 2019, read in conjunction with Article 7(2)(1)(a) thereof, in so far as it makes access to basic income subject to the condition relating to residence in Italy for at least ten years (the final two of which, as at the time the application is made and for the entire duration of the benefit, must be consecutive), thus affording treatment to Italian nationals, EU nationals with a right of residence or permanent residence, or non-EU long-term residents who have been resident for less than ten years or for ten years, the final two of which were not consecutive, which is less favourable than that accorded to the same categories who have been resident for ten years, the final two of which were consecutive?
  If the previous question (4) is answered in the affirmative: |
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1.

Does European Union law, and in particular Article 18 of the Treaty on European Union, Article 45 of the Treaty on European Union, Article 7(2) of EU Regulation 492/11, (1) Article 11(1)(d) of EU Directive 2003/109, (2) Article 29 of EU Directive 2011/95, (3) Article 34 of the Charter of Fundamental Rights of the European Union and Articles 30 and 31 of the Social Charter of the Council of Europe, preclude national legislation such as that contained in Article 7(1) of Decree-Law No 4 of 28 January 2019, converted into law and amended by Law No 26 of 28 March 2019, read in conjunction with Article 7(2)(1)(a) thereof, in so far as it makes access to basic income subject to the condition relating to residence in Italy for at least ten years (the final two of which, as at the time the application is made and for the entire duration of the benefit, must be consecutive), thus affording treatment to Italian nationals, EU nationals with a right of residence or permanent residence, or non-EU long-term residents who have been resident for less than ten years or for ten years, the final two of which were not consecutive, which is less favourable than that accorded to the same categories who have been resident for ten years, the final two of which were consecutive?

If the previous question (4) is answered in the affirmative:

| 2. | Does European Union law, and in particular Article 18 of the Treaty on European Union, Article 45 of the Treaty on European Union, Article 7(2) of EU Regulation 492/11, Article 11(1)(d) of EU Directive 2003/109, Article 29 of EU Directive 2011/95, Article 34 of the Charter of Fundamental Rights of the European Union and Articles 30 and 31 of the Social Charter of the Council of Europe, preclude national legislation such as that contained in Article 7(1) of Decree-Law No 4 of 28 January 2019, converted into law and amended by Law No 26 of 28 March 2019, read in conjunction with Article 7(2)(1)(a) thereof, in so far as it affords different treatment to long-term residents, who can acquire a permanent right of residence in an EU State after residing for five years in the host Member State, and long-term residents who have been resident for ten years, the final two of which were consecutive? |
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2.

Does European Union law, and in particular Article 18 of the Treaty on European Union, Article 45 of the Treaty on European Union, Article 7(2) of EU Regulation 492/11, Article 11(1)(d) of EU Directive 2003/109, Article 29 of EU Directive 2011/95, Article 34 of the Charter of Fundamental Rights of the European Union and Articles 30 and 31 of the Social Charter of the Council of Europe, preclude national legislation such as that contained in Article 7(1) of Decree-Law No 4 of 28 January 2019, converted into law and amended by Law No 26 of 28 March 2019, read in conjunction with Article 7(2)(1)(a) thereof, in so far as it affords different treatment to long-term residents, who can acquire a permanent right of residence in an EU State after residing for five years in the host Member State, and long-term residents who have been resident for ten years, the final two of which were consecutive?

| 3. | Does European Union law, and in particular Article 18 of the Treaty on European Union, Article 45 of the Treaty on European Union, Article 7(2) of EU Regulation 492/11, Article 11(1)(d) of EU Directive 2003/109 and Article 29 of EU Directive 2011/95, preclude national legislation such as that contained in Article 7(1) of Decree-Law No 4 of 28 January 2019, read in conjunction with Article 7(2)(1)(a) thereof, which requires Italian nationals, EU nationals and non-EU nationals to be resident for ten years (the final two of which must be consecutive) in order to access basic income benefit? |
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3.

Does European Union law, and in particular Article 18 of the Treaty on European Union, Article 45 of the Treaty on European Union, Article 7(2) of EU Regulation 492/11, Article 11(1)(d) of EU Directive 2003/109 and Article 29 of EU Directive 2011/95, preclude national legislation such as that contained in Article 7(1) of Decree-Law No 4 of 28 January 2019, read in conjunction with Article 7(2)(1)(a) thereof, which requires Italian nationals, EU nationals and non-EU nationals to be resident for ten years (the final two of which must be consecutive) in order to access basic income benefit?

| 4. | Does European Union law, and in particular Article 18 of the Treaty on European Union, Article 45 of the Treaty on European Union, Article 7(2) of EU Regulation 492/11, Article 11(1)(d) of EU Directive 2003/109, Article 29 of EU Directive 2011/95, Article 34 of the Charter of Fundamental Rights of the European Union and Articles 30 and 31 of the Social Charter of the Council of Europe, preclude national legislation such as that contained in Article 7(1) of Decree-Law No 4 of 28 January 2019, read in conjunction with Article 7(2)(1)(a) thereof, in so far as it, for the purposes of obtaining basic income benefit, requires Italian nationals, EU nationals and non-EU nationals to declare that they have resided in Italy for ten years, the final two of which must be consecutive, subjecting false declaration to severe consequences of criminal relevance? |
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4.

Does European Union law, and in particular Article 18 of the Treaty on European Union, Article 45 of the Treaty on European Union, Article 7(2) of EU Regulation 492/11, Article 11(1)(d) of EU Directive 2003/109, Article 29 of EU Directive 2011/95, Article 34 of the Charter of Fundamental Rights of the European Union and Articles 30 and 31 of the Social Charter of the Council of Europe, preclude national legislation such as that contained in Article 7(1) of Decree-Law No 4 of 28 January 2019, read in conjunction with Article 7(2)(1)(a) thereof, in so far as it, for the purposes of obtaining basic income benefit, requires Italian nationals, EU nationals and non-EU nationals to declare that they have resided in Italy for ten years, the final two of which must be consecutive, subjecting false declaration to severe consequences of criminal relevance?

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(1)  Regulation (EU) No 492/2011 of the European Parliament and of the Council of 5 April 2011 on freedom of movement for workers within the Union (OJ 2011 L 141, p. 1).

(2)  Council Directive 2003/109/EC of 25 November 2003 concerning the status of third-country nationals who are long-term residents (OJ 2004 L 16, p. 44).

(3)  Directive 2011/95/EU of the European Parliament and of the Council of 13 December 2011 on standards for the qualification of third-country nationals or stateless persons as beneficiaries of international protection, for a uniform status for refugees or for persons eligible for subsidiary protection, and for the content of the protection granted (recast) (OJ 2011 L 337, p. 9).

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