Ask AI: is the zambrano case and other subsequent eu case law the beginnings of a new legal order

The Zambrano case and other subsequent EU case law can indeed be seen as an important development in European Union law, potentially signaling the evolution of a new legal order. However, whether it is the beginning of a completely new legal order is subjective and may require further analysis. The Zambrano case (Gerardo Ruiz Zambrano v. ONEm, Case C-34/09) was a groundbreaking decision by the Court of Justice of the European Union (CJEU), which recognized that EU citizens must not be deprived of the genuine enjoyment of the substance of their EU citizenship rights. In this case, the CJEU ruled that national measures which could result in EU citizens being forced to leave the EU territory would be contrary to EU law. This case and those that followed highlighted the importance of the EU citizenship right and extended its application beyond the scope of the free movement of persons. Before the Zambrano case, EU citizenship was mostly linked to the exercise of economic rights, such as the right to work, reside, and access services in other Member States. Following the Zambrano case, other decisions continued to strengthen the EU citizenship rights and emphasized a more rights-based approach. Key cases, such as the McCarthy (Case C-434/09) and Dereci (Case C-256/11) cases, further developed the concept of the "genuine enjoyment of the substance of rights." Additionally, the Singh (Case C-218/14) and Chavez-Vilchez (Case C-133/15) cases expanded on family reunification rights and the ability of non-EU family members to reside with their EU citizen family members. Overall, the Zambrano case and subsequent EU case law demonstrate a shift toward a more rights-based approach, focusing on the substantive enjoyment of EU citizenship rights beyond their economic aspects. However, it could be argued that these developments are more of an evolution within the existing legal order rather than the beginning of a completely new legal order. The future of the EU legal order will depend on the continued development of EU citizenship rights, the relationship between national and EU law, and the overall direction of the European integration process. Further analysis of case law, legislation, and scholarly debate will provide a clearer picture of whether these developments signal the beginning of a new legal order or a continuation of the existing legal order's evolution.