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

International and Comparative Law Review
Volume 18 (2018): Issue 2 (December 2018)
By:
Open Access
|Feb 2019

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.

DOI: https://doi.org/10.2478/iclr-2018-0039 | Journal eISSN: 2464-6601 | Journal ISSN: 12138770
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Language: English
Page range: 85 - 99
Published on: Feb 5, 2019
Published by: Palacký University Olomouc
In partnership with: Paradigm Publishing Services
Publication frequency: 2 times per year
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
Related subjects:
Law,
International law, foreign law, comparative law,
International law, foreign law, comparative law, other,
European law,
European law, other,
Public law,
Constitutional jurisdiction, administrative procedural law

© 2019 Václav Stehlík, published by Palacký University Olomouc
This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 License.

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