Expert opinion on Case C-673/16, Coman Cover Image

Opinie de specialitate cu privire la cauza C-673/16, Coman
Expert opinion on Case C-673/16, Coman

Author(s): Cristian Nuică
Subject(s): Politics / Political Sciences, Law, Constitution, Jurisprudence
Published by: Centrul de Studii Internationale
Keywords: Romanian Constitutional Court; Court of Justice of the European Union; Case C-673/16 Coman; Community law; Same-sex husband; family member

Summary/Abstract: The paper present, following the deepening of the relevant Community provisions, to find answers to the questions forming the reference for a preliminary ruling in Case C-673/16 Coman, before the Court of Justice of the European Union. The subject of Case C-673/16, Coman, is the preliminary request made by the Constitutional Court of Romania, appropriate to the provisions of Art. 267 TFEU. Following the specialized analysis applied after the specific mechanism for the interpretation of Community law referred to by the request sent by the Constitutional Court of Romania, the author concludes that the Community provisions require the host Member State whose legislation it recognizes, allows and legally protects the same-sex couple's same-sex couple relationships, to grant a residence permit on its territory for more than three months to a same-sex spouse of a European citizen, including for family cohabitation.

  • Issue Year: 13/2017
  • Issue No: 2
  • Page Range: 32-45
  • Page Count: 14
  • Language: Romanian