Kafala in the SM judgment of the Court of Justice and the Italian perspective

The family reunification of European citizens with a foreign minor placed with them under kafala has been addressed in a recent judgment of the Grand Chamber of the EU Court of Justice involving the notion of ‘direct descendant’ pursuant to Article 2(2)(c) of Directive 2004/38 on the free movement of Union citizens and their family members. The Court held that a minor under kafala is not a direct descendant, but is granted the status of “other family member” pursuant to Article 3(2)(a). In addition, the Italian courts have dealt with the issue of the recognition of this Islamic institution in various situations, and their interpretation appears to be in line with the CJEU judgment, although some doubts could arise as regards the difference in treatment between Italian citizens and third country nationals.