Parteneriatele civile înregistrate – o necesitate normativă?
Registered civil partnerships – a normative necessity?

Summary/Abstract: Overall, the flexibility of social mentalities in the matter of the family relationships has gradually resulted in setting up new marital patterns such as civil partnerships registered – alternatives to the traditional form – the heterosexual marriage. Through a dynamic and evolutionary interpretation, the European Court of Human Rights outlined new dimensions as regards the protection and legal recognition of the unions made up the same-sex persons, thus extending the protection level, by way of the family life – art. 8 read in conjunction with art. 14 of the Convention. Undoubtedly, the issue of the unions made up of the same-sex persons is an extremely sensitive topic in the Romanian public space, where social ethics, Christian tradition, collective mentalities etc. form a true “genetic code” specific to the Romanian nation, which cannot be easily abdicated. Despite this refractory vision, we consider that the Romanian state shall be required to regulate the couple status between the same-sex persons (possibly, in the form of a registered partnership), to meet in this manner the requirements arising from the case law of the ECHR. Of course, it is necessary that this legislative action intend to ensure a fair proportion between tradition and innovation.

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