Thursday, January 27, 2011

One to watch! Zambrano (European Citizenship) EUECJ C34/09 (October 2010)

Following on from our post on the thorny issue of reverse discrimination, in late October our weekly update highlighted the radical opinion of the Advocate-General Sharpston in the the case of Zambrano (European Citizenship) EUECJ C34/09 that is to be determined in the Grand Chamber of the European Court of Justice. We identified the progressive and expansive  interpretation of Articles 18, 20 and 21 of the Treat on the European Union in our post. We'll update you again once the Grand Chamber have issued their decision. No decision has been issued as of the end of January 2011.


Ruiz Zambrano (European Citizenship) [2010] EUECJ C-34/09 (30 September 2010)
Earlier this month the Advocate-General of the in the Grand Chamber of the European Court of Justice, held that physical movement to a Member State other than the Member State of nationality is not required before residence rights as a citizen of the Union can be invoked – in other words, a right of residence in a Member State is based on citizenship of the Union, a free standing right alongside the concept of free movement between Member States.  Such rights derive directly from the Treaty on the European Union and Article 18 of the Treaty of course provides for the prohibition of discrimination based on nationality and should therefore apply to all citizens of the Union. 

If the Court of Justice accepts the Advocate-General’s opinion, it shall be accepting a significant extension of EU law as the Regulations governing rights of residence will then apply to nationals of the Member State. This would be an exciting development.


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