Algeria

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

29 June 2016 | Judicial Body: Belgium: Conseil du Contentieux des Etrangers | Topic(s): Family reunification | Countries: Algeria - Belgium

Heard at Field House on 26 October 2007 and 19 May 2008.

15 September 2008 | Judicial Body: United Kingdom: Asylum and Immigration Tribunal / Immigration Appellate Authority | Topic(s): Family reunification - Immigration law - Residence permits / Residency | Countries: Algeria - United Kingdom of Great Britain and Northern Ireland

10 April 2003 | Judicial Body: Council of Europe: European Court of Human Rights | Topic(s): Deportation / Forcible return - Family reunification - Immigration law | Countries: Algeria - France

19 February 1998 | Judicial Body: Council of Europe: European Court of Human Rights | Topic(s): Family reunification - Right to family life | Countries: Algeria - France

The present judgment is subject to editorial revision before its reproduction in final form in Reports of Judgments and Decisions 1998. order permanently excluding from French territory a convicted Algerian woman who had arrived in France to join her family lawfully resident there mother of an underage child of French nationality Article 8 Government?s preliminary objection of nonexhaustion of domestic remedies dismissed whether applicant had a private and family life at date of court?s refusal to lift exclusion order interference with right to respect for family life and private life whether interference ?in accordance with law? legitimate aim prevention of disorder or crime whether interference ?necessary in democratic society? duty of Contracting States to maintain public order right of Contracting States to control entry and residence of aliens power of state to deport aliens convicted of criminal offences applicant had important links with Algeria and France interference in issue not so drastic as that which may result from expulsion of applicants born in host country or who first went there as young children links formed with child when illegally in France not considered decisive great weight attached to nature of offence underlying prison sentence and exclusion order no violation of Article 8 Article 3 whether suffering sufficiently intense to constitute ?inhuman? or ?degrading? behaviour not established that renewed enforcement of exclusion order would cause applicant suffering of such intensity no violation of Article 3

19 February 1998 | Judicial Body: Council of Europe: European Court of Human Rights | Topic(s): Family reunification - Right to family life | Countries: Algeria - France

22 January 1997 | Judicial Body: Council of Europe: European Court of Human Rights | Topic(s): Deportation / Forcible return - Family reunification - Right to family life | Countries: Algeria - France