THE RIGHT TO FREE MOVEMENT AND RESIDENCE WITHIN THE EU - BEYOND ITS LIMITS?
THE RIGHT TO FREE MOVEMENT AND RESIDENCE WITHIN THE EU - BEYOND ITS LIMITS?

Summary/Abstract: The heterogeneity of the national legal systems of the EU Member States creates the preconditions for a person to be considered married under the law of one Member State and unmarried in relation to the law of another Member State. The exercise of the right of free movement and residence within the EU, which is the prerogative of European citizenship, therefore calls into question the way in which the national legal order is articulated with the European one, in the context in which the effectiveness of this right is affected, on the one hand. by the lack of unequivocal identifications of its beneficiaries and, on the other hand, by the differences in the Member States' approaches to conjugality models. In the Coman judgment, the Court of Justice of the European Union, using the method of self-interpretation, provided a new definition, fully emancipated from the national law of the Member States, of the concept of “spouse” with which Member States must operate when acting in the sphere of application of the Treaties. Similarly, in an attempt to find a solution to the harmonization of the legal systems of the Member States in this field, the Luxembourg court has opened Pandora's box which can be used to provide legal proceedings for same-sex couples residing in an EU Member State, grafted on the principle of non-discrimination.

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