The possible qualification of "direct descendant" of a citizen of the Union, in the legal terms referred to in Directive 2004/38 [art. 2.2.c)], for a minor who is under the legal guardianship of the latter only under the institution of legal recueil (or Algerian kafala), has been one of the most controversial cases of private international law in statement of the Court of European Justice in recent years. The commented sentence is relevant because by proposing to understand them as "other members of the family" [art. 3.2.a) of the same Directive], since direct descendants can not be understood in other way (despite recognizing that this concept can have an autonomous meaning independent of that understood in the Member States), favors the right to life in family, its regrouping and, in sum, the best interests of the child, fundamental objectives to safeguard in this type of process.
PALABRAS CLAVE Directiva 2004/38/CE: arts. 2.2.c) y 3.2.a), kafala argelina, descendiente directo, derecho a la vida familiar, protección del interés superior del menor