Case Law

The concept of a ‘direct descendant’ of a citizen of the Union referred to in Article 2(2)(c) of Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States, amending Regulation (EEC) No 1612/68 and repealing Directives 64/221/EEC, 68/360/EEC, 72/194/EEC, 73/148/EEC, 75/34/EEC, 75/35/EEC, 90/364/EEC, 90/365/EEC and 93/96/EEC must be interpreted as not including a child who has been placed in the permanent legal guardianship of a citizen of the Union under the Algerian kafala system, because that placement does not create any parent-child relationship between them. However, it is for the competent national authorities to facilitate the entry and residence of such a child as one of the other family members of a citizen of the Union pursuant to Article 3(2)(a) of that directive, read in the light of Article 7 and Article 24(2) of the Charter of Fundamental Rights of the European Union, by carrying out a balanced and reasonable assessment of all the current and relevant circumstances of the case which takes account of the various interests in play and, in particular, of the best interests of the child concerned. In the event that it is established, following that assessment, that the child and its guardian, who is a citizen of the Union, are called to lead a genuine family life and that that child is dependent on its guardian, the requirements relating to the fundamental right to respect for family life, combined with the obligation to take account of the best interests of the child, demand, in principle, that that child be granted a right of entry and residence in order to enable it to live with its guardian in his or her host Member State.

26 March 2019 | Judicial Body: European Union: Court of Justice of the European Union | Topic(s): Adoption - Family reunification | Countries: Algeria - United Kingdom of Great Britain and Northern Ireland

I suggest that the Court of Justice should reply to the Supreme Court of the United Kingdom in the following terms: (1) Article 2(2)(c) of Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States amending Regulation (EEC) No 1612/68 and repealing Directives 64/221/EEC, 68/360/EEC, 72/194/EEC, 73/148/EEC, 75/34/EEC, 75/35/EEC, 90/364/EEC, 90/365/EEC and 93/96/EEC is to be interpreted as meaning that a child cannot be classed as a ‘direct descendant’ of a Union citizen where the child is only in the legal guardianship of that Union citizen under the institution of recueil legal (kafala) that applies in the Republic of Algeria. That child may, however, fall within the category of ‘other family members’ if the other requirements are satisfied and following completion of the procedure laid down in Article 3(2) of Directive 2004/38, in which case the host Member State must facilitate his or her entry and residence in that Member State in accordance with national legislation, having weighed the protection of family life and the defence of the child’s best interests. (2) Articles 27 and 35 of Directive 2004/38 can be applied in any of the situations referred to in that directive where grounds of public policy, public security or public health apply, and in the event of abuse of rights or fraud. (3) In applying Article 3(2) of Directive 2004/38, the authorities of the host Member State may enquire into whether sufficient regard was had, in the procedure for awarding guardianship or custody, to the best interests of the child.

26 February 2019 | Judicial Body: European Union: Court of Justice of the European Union | Legal Instrument: 1989 Convention on the Rights of the Child (CRC) | Topic(s): Adoption - Family reunification | Countries: Algeria - United Kingdom of Great Britain and Northern Ireland

1 May 2012 | Judicial Body: United Kingdom: Court of Appeal (England and Wales) | Topic(s): Adoption | Countries: Somalia - United Kingdom of Great Britain and Northern Ireland

31 August 2010 | Judicial Body: Council of Europe: European Court of Human Rights | Legal Instrument: 1950 European Convention on Human Rights (ECHR) | Topic(s): Adoption - Decision on admissibility - Right to family life | Countries: France

The Court, declaring enforceable the expression 'mediante tratados internacionales vigentes', helds that Latin American and Caribbean nationals born in Colombia may obtain Colombian citizenship on the basis of different forms of reciprocity.

2 December 2009 | Judicial Body: Colombia: Corte Constitucional | Countries: Colombia

On appeal from the Asylum and Immigration Tribunal (0A113692006).

19 December 2008 | Judicial Body: United Kingdom: Court of Appeal (England and Wales) | Topic(s): Adoption - Asylum policy - Children's rights - Family reunification - Pre-entry procedures - Refugees - Right to family life | Countries: Somalia - United Kingdom of Great Britain and Northern Ireland

22 January 2008 | Judicial Body: Council of Europe: European Court of Human Rights | Countries: France

11 March 1998 | Judicial Body: Colombia: Consejo de Estado | Topic(s): Adoption - Citizenship / Nationality law - Right to a nationality | Countries: Colombia

23 July 1996 | Judicial Body: Colombia: Consejo de Estado | Topic(s): Adoption - Citizenship / Nationality law - Right to a nationality | Countries: Colombia