Zambrano: finally the judgment
Finally the judgment on Zambrano is available…and it is quite revolutionary indeed.
The Court, at the end, has granted resident rights to the third country national (Colombian) parents of Belgian children, although their right of freedom of movement was never exercised, on the grounds that art. 20 TFEU precludes any national measure that could have the effect of depriving EU citizens of the potential rights stemming from their status (paragraph 42). The refusal to grant the right of residence to third country nationals with dependent minor EU children could amount to a measure capable of hindering the latter’s rights(paragraph 43). They could in fact be obliged to leave the territory of the EU with their parents and, as a result, they could find themselves unable to exercise the substance of the rights conferred on them by virtue of their status as citizens of the Union (paragraph 44).
This judgement is destined to trigger a lot of discussions and raises many questions: what if the children were not so young? will the parents’ rights expire when their children will be able to exercise their EU citizen rights autonomously? could this judgment be applicable also to adults?
We’ll see how the Court in the future will make use of this new case.