LGBTI Equal Rights Association for Western Balkans and Turkey
In its much-awaited ruling in the case of Coman, the European Court of Justice (ECJ) held that the term “spouse” for the purpose of the grant of family reunification rights under EU free movement law, includes the same-sex spouse of a Union citizen who has exercised EU free movement rights. This means that in such situations, the Union citizen can rely on EU law to require the Member State to which (s)he moves to admit within its territory his/her same-sex spouse and grant him/her a right of residence, irrespective of whether that Member State has opened marriage to same-sex couples within its territory.
Coman is clearly a landmark ruling of great constitutional importance which changes the legal landscape for the recognition of same-sex marriages within the EU. It is, also, a ruling which is hugely significant at a symbolic level, as through it, the EU’s top court made it clear that same-sex marriages are equal to opposite-sex marriages for the purposes of EU free movement law.
This report, which was provides by NELFA - Network of European LGBTIQ* Families Associations, will aim to analyse the case, explaining its overall importance but, also, highlighting the gaps in protection that persist even after the delivery of the Court’s judgment.