Francesca Masellis

The Unlawfulness of the Italian 'Tax' on Residence Permits

  • Abstract

Informations and abstract

Keywords: Obligatory Financial Contribution; Issue and Renewal of a Residence Permit; Directive 2003/109/CE; Effectiveness; Principle of Proportionality; Immigration.

By judgment n. 4487 of 26 October 2016, the Council of State has declared the unlawfulness of the fee provided by a 2011 Decree for the issue and renewal of residence permits to third-country nationals. The fee charged is regarded as disproportionate and in violation of EU principles, as interpreted by the European Court of Justice. More particularly, the fee which must be paid according to Italian rules represents an obstacle to the exercise of the rights granted to foreigners according to Directive 2003/109/EC.

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