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.

BBC News, 11.01.18: EU top court told same-sex spouses have residence rights http://www.bbc.co.uk/news/world-europe-42641110

Balkan Insight, 11.01.18: Romania Under Pressure to Recognise Same-Sex Spouses https://www.balkaninsight.com/en/article/european-court-to-rule-on-romania-same-sex-marriage-01-11-2018

Deutsche Welle, 11.01.18: European Court of Justice rules Romania must give residency to gay man's partner http://p.dw.com/p/2qgxU

EUObserver, 11.01.18: EU top lawyer says Romania must accept gay partners https://euobserver.com/lgbti/140510

EurActiv, 25.04.17: ECJ plans to rule on same-sex marriage in Romania http://www.euractiv.com/section/freedom-of-thought/news/ecj-plans-to-rule-on-same-sex-marriage-in-romania/

Euronews, 11.01.18: Gay couple’s joy after ECJ advisor backs bid for Romania marriage recognition http://www.euronews.com/2018/01/11/gay-couple-s-joy-after-ecj-advisor-backs-bid-for-romania-recognition

Politico, 11.01.18: ECJ advocate general: ‘Free movement’ rights extend to same-sex spouses https://www.politico.eu/article/ecj-advocate-general-free-movement-rights-extend-to-same-sex-spouses/

Reuters, 11.01.18: EU court adviser backs EU-wide recognition of same-sex spouses https://www.reuters.com/article/idUSKBN1F010D

The Guardian, 11.01.18: Gay spouses have rights in all EU countries, says European court official https://www.theguardian.com/society/2018/jan/11/gay-spouses-rights-all-eu-countries-european-court-adviser

CJEU: Judgment of the Court of Justice in Case C-673/16 Coman and Others https://curia.europa.eu/jcms/jcms/p1_1094355/en/

CJEU: Advocate General’s Opinion in Case C-673/16 Relu Adrian Coman and Others v Inspectoratul General pentru Imigrări and Others https://curia.europa.eu/jcms/jcms/p1_697974/en/

ILGA: ILGA Europe: News, 18.09.16: ILGA meets… Adrian Coman and Clai Hamilton http://ilga.org/ilga-meets-adrian-coman-clai-hamilton-romania/

[Blog] EU Law Analysis, March 2017: Awaiting the ECJ Judgment in Coman: Towards the Cross-Border Legal Recognition of Same-Sex Marriages in the EU? http://eulawanalysis.blogspot.co.uk/2017/03/awaiting-ecj-judgment-in-coman-towards.html

The Independent, 06.06.18: All EU countries must recognise residency rights of gay spouses regardless of same-sex marriage laws, European Court of Justice rules https://www.independent.co.uk/news/world/europe/eu-gay-spouses-residency-rights-law-european-court-ruling-same-sex-marriage-romania-a8386286.html

EUObserver, 05.06.18: Case 673/16: An EU (same-sex) love story https://euobserver.com/justice/141993

Politico, 05.06.18: EU’s top court sides with same-sex couple over residency rights https://www.politico.eu/article/european-court-of-justice-sides-with-same-sex-couple-over-residency-rights/

Deutsche Welle, 05.06.18: ECJ: Same-sex spouses of EU citizens have residency rights http://p.dw.com/p/2ywii

Euro|topics, June 2018: EU residency rights also apply for gay couples https://www.eurotopics.net/en/200680/eu-residency-rights-also-apply-for-gay-couples

[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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