Zambrano v. Office National de l'Emploi

Case C-34/098 (8 March 2011) (2011)

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Zambrano v. Office National de l'Emploi

European Union Court of Justice
Case C-34/098 (8 March 2011) (2011)

KS

Facts

Gerardo Ruiz Zambrano (plaintiff) and his wife, nationals of Columbia, applied for and were denied asylum in Belgium. Belgium did not repatriate the Zambranos due to the Columbian civil war. Instead, the Zambranos remained in and registered as residents of Belgium. Despite not holding employment authorization, Gerardo Zambrano worked for a limited period. The Zambranos had two children who were born in Belgium. Both children were Belgian nationals because of their births within the country and citizens of the European Union (EU). When the Zambranos applied for residence permits and unemployment benefits, the Office National de l’Emploi (defendant) denied the applications. Subsequently, Gerardo Zambrano appealed, claiming he had a direct right to residence and employment. In the alternative, Zambrano argued that he possessed a derivative right to residence as the parent of two Belgian nationals. The Tribunal du travail de Bruxelles (employment tribunal of Brussels) stayed proceedings and referred the question of whether Belgium’s denial of Zambrano’s applications is prohibited as infringing on the rights of his Belgium-born children enshrined within the Treaty on the Functioning of the European Union (the treaty).

Rule of Law

Issue

Holding and Reasoning (Per curiam)

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