LGBTI Equal Rights Association for Western Balkans and Turkey

ONLINE RESOURCE CENTRE

Publishing Year: 
2019
Language: 
ENGLISH
Country: 
International

AN ANALYSIS OF THE ECJ RULING IN CASE C-673/16 COMAN - THE RIGHT OF SAME-SEX SPOUSES UNDER EU LAW TO MOVE FREELY BETWEEN EU MEMBER STATES

Resource Type: 
Analysis
Court Cases
Case Report

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. 

 


 

Disclaimer: 

This report has been produced with the financial assistance of the United States Agency for International Development (USAID). The content of this report is the sole responsibility of the authors and can under no circumstances be regarded as reflecting the position of either the USAID, the United States Government, or other agencies mentioned in this report.

The views expressed in this publication are those of the author(s) and do not necessarily represent those of the United Nations, including UNDP, or the UN Member States.


 

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"This website has been produced with the financial assistance of the European Union. 
The content of the website is the sole responsibility of ERA and can under no circumstances be regarded as reflecting the position of the European Union."