RIGHT OF RESIDENCY AND REVERSE DISCRIMINATION IN IRELAND
2 Feb 2011
RIGHT TO FAMILY UNION FOR SPOUSES & PARENTS OF IRISH CITIZENS
EFFECT OF THE ZAMBRANO DECISION ON RIGHTS OF RESIDENCY AND REVERSE DISCRIMINATION IN IRELAND
Ruiz Zambrano (European citizenship)(2010) EUECJ C-34/09(30 September 2010)
The free movement of persons more commonly refered to as EU Treaty Rights entitles European citizens who have exercised their right of free movement to another EU member state to family union.
This right to family union is denied to EU citizens who fail to exercise their right to free movement and who remain in the country of their nationality. Consequently, a citizen of another EU member state residing in Ireland would have a right to family union in Ireland which right could be denied an Irish citizen.This is refered to as reverse discrimination.
In the Zambrano case, the European Court of Justice is considering the right to family union of an EU citizen who has not exercised their right to free movement. In the opinion of the Advocate General of the Court, the citizenship rights confer a right to reside which is independent of the right to move.This opinion if followed through by the Court, has the potential to enlarge the right to family union of an EU citizen who has not exercised the right to free movement.
The issue of reverse discrimination has indeed been a reality for many Irish citizens who see a clear divide between how they and their family members are treated in comparison to family members of EU nationals who have exercised their right to move to Ireland as another Member State. Complications such as proof of 'dependency' and so-called 'purely internal situations' have been cited in dealing with such cases involving Irish citizens.