<abstract xmlns="http://www.w3.org/1999/xhtml"><p> 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.</p></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.

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

International and Comparative Law Review

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

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...

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

Published Online: Feb 05, 2019

Page range: 85 - 99

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

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

© 2019 Václav Stehlík, published by Sciendo

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

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

Published Online: Feb 05, 2019

Page range: 85 - 99

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

Keywordssame-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.

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