European Court of Justice Decision in Coman Caseand Its Implications in the Same-Sex Spouses Matter

Georgeta Bianca Spirchez

doi:10.31926/but.ssl.2021.14.63.3.17

Abstract

Romania is still showing a strong resistance towards the spectacular changes in the way the family is currently regulated by the legal systems of other EU Member States. Under such conditions, through this study we are concerned about the issue of the recognition, by the Romanian State, of a marriage validly concluded abroad, between a Union citizen and his spouse of the same sex, who is a third country national. Our analysis starts from the principles developed by the European Union Court of Justice, in Coman case, a decision that brought back into the debate issues such as the right to family life and the right to freedom of movement, viewed from the perspective of the discrimination prohibition on grounds of sexual orientation.

Highlights

Our analysis starts from the principles developed by the European Union Court of Justice, in Coman case, a decision that brought back into the debate issues such as the right to family life and the right to freedom of movement, viewed from the perspective of the discrimination prohibition on grounds of sexual orientation
Vol 14(63), Special Issue in the EU) on the removal of the problems faced by “rainbow families” and their children in the European space, considering that they are deprived of their rights on the grounds of sexual orientation, and that the Member States and the European Commission are invited to contribute to the removal of obstacles faced by such persons when exercising their fundamental right to free movement within the EU
The choice of this case is not accidental, as we can use it as a benchmark for the legal problems that arise in the case of an application for recognition, on the territory of our country, of a same-sex marriage concluded in another Member State

Summary

Introduction

The recognition, from a legal standpoint, of same-sex relations is even today a sensitive subject, to which the Member States of the European Union position themselves differently, with a greater degree of acceptance in the Member States of Western and Northern Europe, respectively, a high resistance in the Member States of Central and Eastern Europe, differences which can be explained in terms of geographical location, and social cultural values, and different religious characteristics and social democratic trends (Kovačić Markić, 2020, p.1322).In this debate framework, the doctrine (Kovačić Markić, 2020, p.1321) signalled the need for the European Union and, more generally, for the European system of human rights protection, to identify proper legal responses, thereby providing a clear legal standard for the protection of same-sex couples.this study has emerged in the context of current concerns at the level of the European Union (Motion for an European Parliament resolution on LGBTIQ rightsBulletin of the Transilvania University of Braşov Series VII Vol 14(63), Special Issue in the EU) on the removal of the problems faced by “rainbow families” and their children in the European space, considering that they are deprived of their rights on the grounds of sexual orientation, and that the Member States and the European Commission are invited to contribute to the removal of obstacles faced by such persons when exercising their fundamental right to free movement within the EU. Through this study we are concerned about the issue of the recognition, by the Romanian State, of a marriage validly concluded abroad, between a Union citizen and his spouse of the same sex, who is a third country national.

Results

Conclusion