European Court of Justice Decision in Coman Case and Its Implications in the Same-Sex Spouses Matter Cover Image

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

Author(s): Georgeta-Bianca Spîrchez
Subject(s): Law, Constitution, Jurisprudence, Human Rights and Humanitarian Law, EU-Legislation
Published by: Editura Universitatii Transilvania din Brasov
Keywords: same-sex spouses; family member; right of residence; freedom of movement;

Summary/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 the 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.

  • Issue Year: 14/2021
  • Issue No: Suppl
  • Page Range: 131-136
  • Page Count: 6
  • Language: English