The CJEU Crossing the Rubicon on the Same-Sex Marriages? Commentary on Coman Case

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.

eISSN:: 2464-6601
Langue:: Anglais

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Sujets de la revue:: Law, International Law, Foreign Law, Comparative Law, other, European Law, Public Law, Constitutional Jurisdiction, Administrative Procedural Law

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The CJEU Crossing the Rubicon on the Same-Sex Marriages? Commentary on Coman Case

Publié en ligne: 05 févr. 2019

Pages: 85 - 99

DOI: https://doi.org/10.2478/iclr-2018-0039

Mots cléssame-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

© 2019 Václav Stehlík, published by Sciendo

This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 License.

Mots clés
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