Presuda Coman kao prekretnica u pravu Evropske unije: sloboda kretanja i istospolni supružnici
"The Coman Judgment as a landmark in European Union Law: Freedom of Movement and Same-Sex Spouses "

Summary/Abstract: This paper analyses the judgment of the European Court of Justice in Coman case, which for the first time, established that the term "spouse" within the meaning of Directive 2004/38/EC also includes same-sex spouses of EU citizens. Consequently, Bosnia and Herzegovina, regardless of its current legal framework that does not recognize any form of same-sex partnership, will be obliged—under the principle of free movement—to recognize the status of a spouse for persons in a same-sex marriage with an EU citizen upon their entry and residence in Bosnia and Herzegovina, and to enable family reunification. In order to fulfil pre-accession obligations, the authorities of Bosnia and Herzegovina are required to improve the position of LGBTIQ persons, which includes respect for the right to family life. The Coman judgment is only one of the signals that it is necessary to launch, as soon as possible, not only legislative but above all administrative reforms aimed at alignment with EU law.

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