2019
DOI: 10.2139/ssrn.3468257
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Same-Sex Spouses in the EU after Coman: More Free Movement, But What About Marriage?

Abstract: This paper provides a detailed critical analysis of the case of Coman, where the Court of Justice clarified that the meaning of the term 'spouse' in Directive 2004/38 was gender-neutral, opening up the door for same-sex marriage recognition for immigration purposes all around the EU, thus destroying the heteronormative misinterpretations of the clear language of the Directive practiced in a handful of Member States. The state of EU law after Coman is still far from perfect, however: we underline a line of impo… Show more

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Cited by 5 publications
(2 citation statements)
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“…Marriage has long been a mechanism to allow for one to migrate to Europe. Despite once being confined to heterosexual couples, the EU has since ruled that all member-states must allow the spouse of a citizen to migrate to the bloc regardless of their sexuality (Kochenov and Belavusau, 2019). In many EU member-states, this had already been a possibility following the legislation of same-sex marriage.…”
Section: The Wedding That Was Not: Making Critical Fun Of Heteronorma...mentioning
confidence: 99%
“…Marriage has long been a mechanism to allow for one to migrate to Europe. Despite once being confined to heterosexual couples, the EU has since ruled that all member-states must allow the spouse of a citizen to migrate to the bloc regardless of their sexuality (Kochenov and Belavusau, 2019). In many EU member-states, this had already been a possibility following the legislation of same-sex marriage.…”
Section: The Wedding That Was Not: Making Critical Fun Of Heteronorma...mentioning
confidence: 99%
“…48.1) appears to be neutral -i.e. there is only a neutral reference to spouses -the law has been always interpreted as encompassing only the traditional definition of marriage 65 given by the civil code on its art. 259 "Marriage shall be a freely consented union between a man and a woman, concluded under the law".…”
Section: Romania (2018)mentioning
confidence: 99%