Libre circulación de los matrimonios del mismo sexo celebrados en el territorio de la Unión Europea: consecuencias del asunto "Coman y otros"

ECJ Ruling of 5 June 2018 in Coman and others case requires that all Member States recognise same-sex marriages for the purposes of EU free movement where that marriage involves an EU citizen and was legally conducted in one of EU Member States. When EU law stipulates that the enjoyment of freedom o...

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Bibliographic Details
Main Author: Requena-Casanova, Millán
Format: Article
Language:Spanish
Published: 2019
Subjects:
matrimonio del mismo sexo
principio de reconocimiento mutuo
orientación sexual
Free movement
same-sex marriage
mutual recognition principle
sexual orientation
Libertad de circulación
Online Access:https://dialnet.unirioja.es/servlet/oaiart?codigo=6888194
Source:Revista de Derecho Comunitario Europeo, ISSN 1138-4026, Año nº 23, Nº 62, 2019, pags. 41-79
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Libre circulación de los matrimonios del mismo sexo celebrados en el territorio de la Unión Europea: consecuencias del asunto "Coman y otros"
Summary: ECJ Ruling of 5 June 2018 in Coman and others case requires that all Member States recognise same-sex marriages for the purposes of EU free movement where that marriage involves an EU citizen and was legally conducted in one of EU Member States. When EU law stipulates that the enjoyment of freedom of movement with a family member is made conditional upon the existence of a legal relationship such as marriage, and then forgets that certain Member States prevent same-sex couples from marrying, the inevitable consequence is that same-sex couples cannot exercise their right of free movement due to restrictions posed by the Member States through their domestic family law rules. Mutual recognition of same-sex spouses as “spouses” under Directive 2004/38 is crucial, not only to ensure the effective enjoyment by Union citizens of their right to free movement, but also to prevent discrimination on the basis of sexual orientation and to ensure respect for their family life. The connections between free movement, which is an individual right directly derived from the article 21 TFEU, and the general principle of equal treatment should be seen not only as a central concern for the individuals affected, but also as a test for assessing the extent to which the EU can affirm the supremacy of certain fundamental rights that it claims to recognize.

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