Article 4(1) of Council Directive 2003/109/EC of 25 November 2003 concerning the status of third-country nationals who are long-term residents places an obligation on the Member States to grant long-term resident status to third-country nationals who have resided legally and continuously within its territory for five years immediately prior to the submission of the relevant application. This article analyses the main aspects of this legal provision and related relevant case-law of the Court of Justice of the European Union, and aims to identify the criteria that are important for evaluating national legislation on granting long-term resident status, and, accordingly, to provide an assessment of compliance of national legislation, which has been in force for almost twenty years, with the provisions of the aforementioned directive. The article reviews an initiative of improving national legislation which ensued from an infringement procedure that has been launched against Lithuania due to incorrect transposition of Council Directive 2003/109/EC concerning the status of third-country nationals who are long-term residents. The article is concluded by highlighting the very important task which, in anticipation of solutions by the legislator, falls upon administrative courts in the context of ensuring effectiveness of the Union law, the conclusions of the article also note the need to develop the case-law, interpreting national legislation in accordance with the provisions of this directive, which has been emerging in the jurisprudence of the Supreme Administrative Court of Lithuania.
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