Open AccessTHE ILLUSION OF THE EQUAL RIGHT TO MARRY: THE EUROPEAN UNION PROTECTING THE FUNDAMENTAL RIGHTS OF CITIZENS IN THE CONTEXT OF THE EU INTERNAL MARKET
Author(s) -
Tsisia Okropiridze
Publication year - 2021
Language(s) - English
DOI - 10.52340/lm.2022.02.06
Subject(s) - spouse , context (archaeology) , law , political science , european union , directive , economic justice , victory , fundamental rights , freedom of movement , european court of justice , preliminary ruling , european union law , human rights , economics , politics , international trade , paleontology , computer science , biology , programming language
In Coman and Others v. Romania case, The European Court of Justice by request of Romanian Constitutional Court was tasked to determine whether the term spouse includes Homosexual married couples for the purposes of EU free movement Directive 2004/38. In June 2018, The European Court of Justice has held that the term “Spouse” within the meaning of EU law with regard the freedom of residency of EU citizens and their family members includes Homosexual spouses. This Court ruling has been considered as great victory for homosexual couples striving to achieve equal rights in marriage. Yet celebration of illusionary marriage equality is exaggerated.