La kafala, ciudadanía de la unión y los derechos fundamentales del menorde Estrasburgo a Luxemburgo (1)

Abstract

The kafala, european citizenship and fundamental rights of the child: from Strasbourg to Luxembourg. The present study analyzes how the best interest of the minor and the fundamental right to family life force, according to the Judgment issued by the Court of Justice of the European Union (CJEU) on March 26, 2019 (Acts C–129 / 18, SM and Entry Clearance Officer, UK Visa Section). This commentary also highlights the dialogue between Luxembourg and Strasbourg jurisprudence, and examines the influence of the doctrine formulated by the CJEU will be presented for Spanish Immigration Law, as well as if the minor’s consideration as a member of the extended family, for the purposes of entering and residing in A specific EU Member State must be conditioned or not to the prior recognition of the judicial decision of the State where the kafala has been constituted