Decision of the Court of Cassation, United Sections, No. 21108 of 10 July 2012
The competent authorities may not deny a visa to enter Italy for family reunification to a non-EU country national who is a child entrusted to an Italian citizen by means of a decision on kafalah pronounced by a foreign court. Legally speaking, kafalah and adoption differ for many aspects; however, in both cases the rationale is to ensure childrens’ protection. The “best interest of the child” must prevail also when applying Italian immigration law, as is required by the pertinent treaties and the Italian Constitution.
- Other Indexes:
- Index by Category
- Index by Treaty
- Charter of Fundamental Rights of the European Union
- Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Co-Operation in Respect of Parental Responsibility and Measures for the Protection of Children
- Convention on the Rights of the Child
- Treaty of Lisbon Amending the Treaty on European Union and the Treaty Establishing the European Community
- Original language: Italian