The application of Directive 2004/38/EC in an international Kafala’s ( ةلافك ) cases

Abstract

The increase in recent years in the use of the Kafala of Islamic law by citizens residing in the European Union has given rise to numerous problems with regard to its classification, given that it is an unknown figure in the legal systems of the Member States. In this sense, the question arises as to whether, for the purposes of Directive 2004/38/EC, the minor in a Kafala situation would be included in the category of “direct descendant” of a citizen of the European Union or, on the other hand, could be classified as “other family members”, in the terms of art. 3.2 of the above-mentioned Directive.