about us | newsletter | contact | archive | members area
Tal Roma, AFI Europe Romania
In 2017, the companies were facing a more competitive labour market»

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  |  432 Views
Daily Info
Believe in people's potential

"The greatest danger for most of us is not that our aim is too high, and we miss it, but that it is too low, and we reach it." (Michelangelo Buonarroti) This is my motto that ...

Veeam estimates record growth, one billion USD turnover in 2018

Veeam Software posts another quarterly growth, 21 per cent higher than last year. Overall, the financial performance for 2017 was remarkable, with revenues of 827 million USD....

TransferGo attracts 8.6 million Euro financing for international expansion

TransferGo, the international fast online transfer company, has attracted a round of investment of 8.6 million Euro, which is the biggest amount received in a single financing...

Bucharest Henri Coanda Airport could get a new terminal

A new passenger terminal could be added to Bucharest's Henri Coanda International Airport (Otopeni), as part of an ample development project estimated at over one billion Euro...

New Kopel Car to import BYD electric vehicles in Romania

New Kopel Car Import, a SIXT Group Romania company, announced that it became the importer of BYD Electric busses and vehicles in Romania.

 
 
   
advertising

advertising

advertising

advertising

advertising

More on