about us | newsletter | contact | archive | members area
Anda Todor, AmCham Romania
More attention needs to be paid to the qualitative approach, rather than quantitative»

EU's top court rules same-sex spouses have full residence rights in Romania: gay parade to be held in Bucharest

The European Court of Justice, EU's top court, ruled that married gay couples have the same residence rights as straight couples in Romania in what is considered a landmark case involving a Romanian LGBT activist and his American partner.

2018-06-08 12:25:40

EU countries should recognise the right of all spouses to residency even if they do not allow gay marriage, according to EU's top court.

"Although the 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," EU's court of justice said.

Romanian LGBT activist Adrian Coman and his American partner, Robert Claibourn Hamiliton, obtained a marriage certificate in Belgium in 2010. This case began in 2012, when the couple attempted to relocate to Romania.

Romania's immigration authorities refused to legally recognise their marriage, so Coman and Hamilton responded by suing the Romanian government on the grounds that their right to freedom of movement within the EU had been violated.

Romania's constitutional court then referred the case to the EU's court of justice.
"The Court nonetheless considers that the refusal by a Member State to recognise, for the sole purpose of granting a derived right of residence to a national of a non-EU state, the marriage of that national to an EU citizen of the same sex lawfully concluded in another Member State may interfere with the exercise of that citizen's right to move and reside freely within the territory of the Member States. That could have the effect that freedom of movement from one Member State to another would vary depending on whether or not provisions of national law allow marriage between persons of the same sex," the court said.

Homosexuality was decriminalised in Romania in 2000, but aversion to same-sex couples within the country continue to run high, according to LGBT activists.

Last month, Romania's ruling party PSD announced a major rally in support for the traditional family and a referendum aiming to redefine the family in the Constitution, but that didn't happen after all. Instead, PSD organizes tomorrow a rally in support for their own Government. Also tomorrow, the Bucharest Pride march will be organised by the LGBT Community in Romania.

In 2015, the Coalition for the Family, a civil initiative without legal personality, initiated the procedure to change the Constitution so as to define the family as being formed by the marriage between a male and a female.



COMMENTS
There are 0 comments:

 
ADD A COMMENT
 
Name
Email
Comment
Validation Code
   
 
 

0 Comments  |  595 Views
Daily Info
Transelectrica accelerates investments to increase the energy system safety in Dobrogea

The National Power Grid Company Transelectrica marked the completion of the second stage of the project of rehabilitation of the Station Transformation 400/110/20 kV Tulcea We...

CTP: smart expansion in a growing market

CTP, the most dynamic logistics and industrial parks developer in the country, will soon become a "millionaire" in square meters of premium logistics space. The company experi...

New regulations adopted by ANRE will have a strong negative impact on consumers and endanger 4.500 jobs, says ACUE

The electricity distributors members of the Federation of Associations of Energy Utility Companies (ACUE) are deeply concerned about the negative impact on networks and consum...

President Iohannis: Interconnection projects revealed at Three Seas Initiative summit are a top level political signal

The list of priority interconnection projects presented within the Summit of the Three Seas Initiative is "a top level political signal", on Tuesday stated Klaus Iohannis, in ...

Vodafone to lay off 1,700 service center employees in Romania, India and Egypt

Vodafone, one of the biggest telecom groups in the world, will lay off 1,700 employees from its service centers in Romania, India and Egypt, in this financial year, the group'...

 
 
   
advertising

advertising

advertising

advertising

advertising

More on