http://www.nyidanmark.dk/da-dk/Nyheder/ ... dommen.htm
(ENGLISH TRANSLATION)
Legal assessment of Zambrano,cited
the ECJ ruled on 8 March 2011 ruling in the case Gerardo Ruiz Zambrano (C-34/09) v Office national de l'emploi, and the Ministry of Refugee, Immigration and Integration in a memo dated 11 May 2011 set out above, reach in relation to Danish law.
Facts
The case concerns a father (Mr. Zambrano) of two minor citizen children who are nationals of Belgium. Mr. Zambrano is the third (Colombian citizen) and dependent children in Belgium. Both citizen children have always stayed Belgium, and thus have never exercised their right to free movement in another EU Member State. EU Court of Justice in Zambrano case considered therefore the content of the rights attached to citizenship.
Citizenship resulting from the Treaty on European Union (TFEU) Articles 20 and 21
Court's conclusion
EU Court's conclusion was: "Article 20 TFEU be interpreted as meaning that it precludes a Member State, first denying a country who support his young children who are EU citizens resident in the Member State they reside and are citizens, and secondly, denying said third-country national a work permit, insofar as those decisions are actually depriving these children the effective enjoyment of the core content of the rights associated with the status of citizenship. "
Interpreting cited
the Ministry of Refugee, Immigration and Integration in a memo dated 11 May 2011 set out above, the importance of the immigration judicial administration.
it is assessed that the decision only in very few cases would lead to a residence permit under EU rules in Denmark, since children born in Denmark basically only acquire Danish nationality at birth if at least one parent is a Danish citizen.
The fact that you alone are born in Denmark, do not imply in itself that you get Danish citizenship at birth. The Ministry of Refugee,
Immigration and Integration Affairs has found that under Zambrano ruling that a third country national who is a parent of a minor citizen, which he dependents may distract residence after TFEU Article 20
Cited the specific emphasis on the following factors included in assessing whether Member States - Having regard to citizenship - must assign residence to one third of the Member State where his children live:
- The restriction of the right of residence is directed against a parent of a minor citizen child.
- Parents are third.
- Parent resident and parent the minor citizen child in the State where the child lives and is a national.
- The restriction of the right of residence shall have the effect of the minor citizen child actually deprived of the effective enjoyment of the core content of citizenship.
If the above factors present in an application for family reunification in Denmark, where, under national rules will be given an adverse decision will have cited the importance to be granted residence under Article 20 of TFEU.
There may be denied residence in regard to considerations of public order, safety and health under EU rules. EU court takes no position on Mrs. Zambrano residence, and the question of her residence will therefore continue to be determined by national regulations.
Zambrano ruling will, in principle, the effects of entry into force of the rule interpreted. In Zambrano ruling makes the ECJ a direct interpretation of Article 20 TFEU. This interpretation should be used upon entry into force of the Maastricht Treaty (1 November 1993), which introduced European citizenship.
The guidelines for the treatment of already decided cases that might be able to benefit the sentence, will be established as soon as possible. Further guidance will be published on nyidanmark.dk.
