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2021, vol. 3, iss. 2, pp. 77-93
The ECJ's Coman judgment: Recognition of same-sex marriage indirectly?
University of Kragujevac, Faculty of Law, Serbia

emailspetrovickg@sbb.rs
Keywords: Coman; EU free movement law; same-sex marriage; family reunification rights; LGBT rights
Abstract
In the Coman case, the European Court of Justice was asked whether the term "spouse" - for the purpose of EU law - includes the same-sex spouse of an EU citizen who has moved between EU Member States. The ECJ answered this question affirmatively, holding that a refusal to recognise a same-sex marriage and the resultant refusal to grant family reunification rights to a Union citizen who moves to another Member State, would constitute an unjustified restriction on the right to free movement that Union citiyens enjoy under EU law. This case comment analyses the judgment, arguing that the Court's pronouncement is a very welcome first step towards marriage equality at a cross-border level in the EU. At the same time, the case poses a number of important questions, which will only be answered in case law and practice in the years to come.
References
Đurković, M. (2013) Homoseksualizam i popularna kultura. Politička revija, 37(3)
Kraljić, S. (2017) Same-sex partnerships in Eastern Europe: Marriage, Registration or no regulation?. in: Boele-Woelki Katharina ; Fuchs Angelika [ed.] Same-sex relationships and Beyond-Gender Matters in the EU, Intersentia, 3rd edition
Meškić, Z., Samardžić, D. (2012) Pravo Evropske Unije I. Sarajevo
Tryfonidou, A. (2019) An Analysis of the ECJ Ruling in Case C-673/16 Coman -The Right of Same-Sex Spouses under EU Law to Move Freely Between EU Member States. Research report for Nelfa, January 2019, www.nelfa.org. 2019/01 pdf
Vladimirovich, K.D., Belavusau, U. (2020) After the Celebration: Marriage equality in EU Law post-Coman in eight questions and some further thoughts. Maastricht Journal of European and Comparative Law, 27(5)
Vukadinović, R. (2006) Pravo EU. Kragujevac
 

About

article language: Serbian
document type: Review Paper
DOI: 10.5937/RKSPP2102077P
received: 05/10/2021
accepted: 21/10/2021
published in SCIndeks: 10/12/2021

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