Development of Zambrano Principles

In the recent case of KA and others v Belgium (C-82/16) the European Court of Justice (ECJ) has developed its jurisprudence on Article 20 on the Treaty on the Functioning of the European Union.

In this case, the applicants were subject to entry bans in Belgium which meant that their ‘Zambrano’ type applications were not considered by the Belgium authorities.

The ECJ found that Belgium had to consider whether Union citizens would be compelled to leave the Union if the applicants had to leave.

Furthermore, the ECJ recognised the possibility of an application being made because an adult Union citizen is dependent on the applicant.

It also seems to envisage that a derived right of residence may exist outside the parent/child relationship so that, say, grandparents could have a derived right.

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