La Corte di giustizia rimuove gli ostacoli pratici alla presentazione di una domanda di ricongiungimento familiare: brevi riflessioni a margine della sentenza Afrin

In its judgment in Afrin, delivered on 18 April 2023 (Case C-1/23 PPU), the Court of Justice ruled on the procedure for the submission of an application for family reunification in favour of third-country nationals, pursuant to Directive 2003/86/EC. In particular, the Court ruled that the authorities of a Member State may not refuse to accept an application for entry and residence on the grounds of family reunification on the sole ground that the application was not made in person at a competent diplomatic post. The Court confirms its interpretative approach based on the purpose and objectives of European Union law, aimed at limiting as far as possible the obstacles that might result from a strict application of the law of the Member States when they are called upon to implement, interpret and apply secondary law. This judgment confirms the relevance of the fundamental rights of individuals and, in particular, of children in the context of family reunification procedures.