The CJEU Crossing the Rubicon on the Same-Sex Marriages? Commentary on Coman Case
The CJEU Crossing the Rubicon on the Same-Sex Marriages? Commentary on Coman Case
Author(s): Václav StehlíkSubject(s): Human Rights and Humanitarian Law, EU-Legislation, Court case
Published by: Univerzita Palackého v Olomouci
Keywords: same-sex marriages; Coman; Court of Justice of the European Union; human rights; EU Charter of Fundamental Rights; European Convention on Human Rights; Directive 2004/38;
Summary/Abstract: The article analyses the decision of the EU Court of Justice in Coman in which the Court derived residence rights for spouses in the same-sex marriages. The article outlines the basic grounds of the judgement and critically appraises them in the context of EU primary as well as secondary law and especially Directive 2004/38. The article raises concerns about the division of competences between the EU and its Member States, extended interpretation of the term “spouse” in the context of EU law, human rights considerations as well as potential effects of the decision on national family law.
Journal: International and Comparative Law Review
- Issue Year: 18/2018
- Issue No: 2
- Page Range: 85-99
- Page Count: 15
- Language: English