Jun
2
Zhu and Chen [2004]
June 2, 2007 | 2 Comments
As a new variant of citizenship cases, we have to mention the Catherine Zhu decision of 19 October 2004. This case gives us the opportunity to examine once more the evolution of the concept of EU Citizenship and most of all the rights linked to it.
Catherine Zhu was the child of a Chinese couple working and living in the UK. She was born in Ireland and thereby automatically received Irish citizenship — a rule abandoned in the meantime. Her mother moved with her to the UK and wanted to get a permanent residence permit, which was refused.
On the basis of article 18 EC Treaty, the ECJ ruled that, as an EU citizen, Catherine Zhu has an inalienable right to reside anywhere in the EU, and that denying residency to her parent(s) at a time when she is unable to look after her self would conflict with this basic right. The right of the mother to reside with her was covered by the “effet utile” of the residence right of the child.
In short, the Zhu and Chen case teaches us that all EU citizens will benefit from the right of residence, whatever the way the nationality was acquired, whatever his or her age, whatever the source of his or her means of subsistence.
Text of the ECJ judgment
Text of the AG opinion
Comments
2 Comments so far
nice
what was the reason for refuse actually?