Italian Supreme Court of Cassation (Corte di cassazione), Civil Section I, No. 4868/2010, 1 March 2010

Impossibility of issuing an entry permit for an adopted child of a Union citizen in favour of a minor entrusted to guardianship under the kafala regime (legal reception). Inapplicability of the legislation on family reunification.

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.

Legislative Decree 25 July 1998, n. 286. Consolidated text of the provisions concerning the regulation of immigration and rules on the condition of the foreigner.

The bond of protection deriving from the kafala does not constitute a suitable prerequisite to justify the entry into Italy of a foreign minor entrusted to an Italian citizen, since the discipline of family reunification pursuant to art. 29 of Legislative Decree no. 286 of 1998, dictated for the benefit of non-EU citizens legally residing, but that referred to in Legislative Decree no. 30 of 2007, issued in implementation of Directive 2004/38 / EC, concerning the entry, movement and residence of Union citizens and their family members in the territory of the Member States, which, however, includes in the notion of family member , in addition to the direct descendants of the citizen or his spouse, only minors who enter Italy for the purpose of international adoption.