Judgement in Case C-673/16 – Relu Adrian Coman and Others v Inspectoratul General pentru Imigrări and Others

Summary:

Reports and Judgement on CJEU Case C-673/16 concerning recognition of same-sex spouses' immigration rights. In January 2018, an Advocate General from the Court released an Opinion arguing that the term 'spouse' includes, in the light of the freedom of residence of citizens of the EU and their family members, spouses of the same sex. The CJEU confirmed that position on 5 June 2018.

Further information:

Mr Coman, a Romanian national, and Mr Hamilton, a US national, cohabited for four years in the United States before marrying in Brussels in 2010. In December 2012, Mr Coman and his spouse requested the Romanian authorities to issue them with the necessary documents in order to enable Mr Coman to work and reside permanently in Romania with his spouse. That request was based on the directive on the exercise of freedom of movement, which permits a spouse of an EU citizen who has exercised that freedom to join his or her spouse in the Member State where the latter resides.

However, the Romanian authorities refused to grant Mr Hamilton that right of residence on the ground, inter alia, that he could not be classified in Romania as the 'spouse' of an EU citizen, that Member State not recognising same-sex marriage.

The Court argues that, while Member States have the freedom whether or not to authorise marriage between persons of the same sex, they may not obstruct the freedom of residence of an EU citizen by refusing to grant his same-sex spouse, a national of a country that is not an EU Member State, a derived right of residence in their territory.

• Primary Source

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[Blog]: EU Law Analysis, 05.06.18: Love wins in the CJEU: Same Sex Marriages and EU free movement law http://eulawanalysis.blogspot.com/2018/06/love-wins-in-cjeu-same-sex-marriages.html

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