Same gender marriages EU


Marriages of the same gender of EU citizens are considered members of the family unit. The European Court of Justice has ruled that they should be granted the right of residence.

This is a very important step for same-sex couples. Last week The Court of Justice of the European Union (ECJ) ruled that members of a same-sex marriage of citizens of the European Union fall within the definition of «family members» and therefore must obtain residency rights .

Community legislation provides that members of a family of EU citizens have the right to move and establish themselves freely within the EU when accompanying a member of the EU citizen family. For the first time, spouses of the same gender now enter the category of «family members» so they are recognized as dependents when they apply for residency rights. For the first time, same-sex spouses of mobile EU citizens now fall into this category of «family members» and can be recognized as dependents when applying for residency rights.

This opinion says that EU citizens who move to another EU country with their same-sex spouse, the host country must recognize their marriage when the spouse applies for the right of residence, even if the sexual marriage is not recognized in the laws of the host country.

This fact provides the ECJ with the unprecedented opportunity to consider the word «spouse» in the context of same-sex marriage in terms of rights of free movement.

This resolution was ruled by the appeal presented by Mr. Coman and Mr. Hamilton.

Mr. Coman and Mr. Hamilton married in Brussels on November 5, 2010. They have lived together in New York and then in Brussels. In December 2012, the couple asked the Romanian authorities under what conditions Mr. Hamilton could live in Romania with his husband for more than three months. The Romanian authorities on January 11, 2013 informed them that, according to Romanian law, they could not have the right of residence for more than three months because they did not recognize same-sex marriage.

The marriage brought action against the Romanian authorities, arguing that the decision was discriminatory on grounds of sexual orientation with regard to the right of free movement within the EU, asking the ECJ that if Mr. Hamilton could be considered as a spouse of a citizen of the EU who had exercised his rights of free movement.

The ruling indicated that the term «spouse» in Directive 2004/38 EC is gender-neutral, referring only to one person joined to another by marriage. It can also be applied to people of the same sex or opposite sex. Establishing that refusing to recognize such a marriage interferes with the rights of free movement of EU citizens.

The court established that for purposes of granting residence rights only, the host state must recognize same-sex marriage.

This resolution does not mean that all EU Member States must recognize same-sex marriage in their legislation. This decision is free to take it or not each of the member states. But, for the purposes of the right of residence, if marriages of the same sex are to be recognized, regardless of whether or not they are recognized in national legislation.

It is an important step to ensure that all EU citizens exercise their right of free movement, being able to move with their spouse to any host country within the European Union.


También podría interesarte

¿Cuándo se necesitan servicios de documentación de inmigración de alto nivel para despachos de abogados y clientes corporativos?

En el entorno empresarial global actual, las compañías que operan en varios países a menudo enfrentan dificultades al manejar la...

16 mayo, 23 Seguir leyendo  

Common Global Business Travel Documents, and How to Simplify Translation and Authentication

Navigating the complex web of international travel document requirements can make business trips daunting. Knowing what paperwork is necessary, how...

7 marzo, 23 Seguir leyendo  

When Are White Glove Immigration Documentation Services Needed for Law Firms and Corporate Clients?

In today’s global business environment, companies operating across multiple countries often encounter difficulties handling the necessary immigration paperwork. This can...

16 mayo, 23 Seguir leyendo  

También podría interesarte

¿Qué visado para Turquía necesito para viajar?

En esta entrada nos centraremos en los diferentes requisitos necesarios para obtener un visado para Turquía en España. Si lo...

19 marzo, 19 Seguir leyendo  

Conferencia GBTA 2018 – BERLÍN

Conferencia Global Business Travel Association 2018 en colaboración con VDR Un año más GBTA (Global Business Travel Association) prepara la...

10 octubre, 18 Seguir leyendo  

Tarjeta roja en España

La tarjeta roja en España es un documento que te acredita como solicitante de protección internacional. Este término engloba a...

28 junio, 22 Seguir leyendo