Fourth year anniversary of the Coman Case: Same-sex couples’ freedom of movement still not implemented in Romania

10-06-2022

Sidal Gökalp

Europe and Human Rights Researcher 

Global Human Rights Defence

Adrian Coman and Clai Hamilton met in Brussels, married in 2010, moved to Romania in 2021, and changed the history of the EU law in 2018. Romania refused to adapt its laws to EU laws and refused to recognise same-sex marriage; thus, Clai was unable to apply for a residence permit in Romania, Adrian’s home country. The couple decided to take the necessary judicial steps. After a long journey, the Court of Justice of the European Union (CJEU) ruled that the term ‘spouse’ in EU law on freedom of residence for EU citizens includes same-sex couples. Nevertheless, nothing has changed neither in Romanian legislation nor in Clai’s residency application until today. 

The CJEU’s judgement on 5 June 2018 clearly states that in order the ensure freedom of movement and the right to privacy and family life Member States’ are obliged to recognise a homosexual marriage concluded in another Member State for the sole purpose of granting derived right of residence without having to provide for the institution of same-sex marriage in its national law. The Court also explicitly notes that the obligation to recognise these marriages in relation to the derived right to residence does not undermine the national identity or pose a threat to public policy of the State. [1]

On the fourth year anniversary of the Coman Judgement ILGA Europe, a Hungarian LGBTI NGO, Háttér Society and law firm White&Case filed a complaint to the European Commission concerning Hungary’s non-compliance with the judgement. Hungarian law still refuses to recognise same-sex marriages legally concluded in jurisdictions of other EU Member States. [2] The European Parliament’s LGBTI Intergroup wrote a letter the same day to European Commission’s President Ursula von der Leyen, pointing to the Commission's lack of action against the non-implementation of the Coman judgement.[3] The MEPs who sent the letter asked the Commission, in reference to Romania: “[f]or future reference, what is the adequate duration of a Member State’s possibility to violate EU law before this violation becomes problematic?” (Parliament, 2022).

Notes:

[1] CJEU, (2018, June 5). Press Release: The term ‘spouse’ within the meaning of the provisions of EU law on freedom of residence for EU citizens and their family members includes spouses of the same sex. Accesible at: https://curia.europa.eu/jcms/upload/docs/application/pdf/2018-06/cp180080en.pdf

[2] ILGA Europe, (2022, June 7). Complaint Filed with EC Against Hungary’s Lack of Free Movement for Same-sex Couples. Accesible at: https://www.ilga-europe.org/resources/news/latest-news/complaint-filed-ec-against-hungarys-lack-free-movement-same-sex-couples

[3] European Parliament’s LGBTI Intergroup, (2022, June 7). MEPs write to President von der Leyen on Coman & Hamilton’s 4 year non-implementation anniversary. Accessible at: https://lgbti-ep.eu/2022/06/07/meps-write-to-president-von-der-leyen-on-coman-hamiltons-4-year-non-implementation-anniversary/

Sources and further reading:

CJEU, (2018, June 5). Press Release: The term ‘spouse’ within the meaning of the provisions of EU law on freedom of residence for EU citizens and their family members includes spouses of the same sex. Accesible at: https://curia.europa.eu/jcms/upload/docs/application/pdf/2018-06/cp180080en.pdf

CJEU, Case-673/16, Relu Adrian Coman and Others v Inspectoratul General pentru Imigrări and Ministerul Afacerilor Interne (Coman and Others), accessible at https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A62016CJ0673.

European Parliament’s LGBTI Intergroup, (2022, June 7). MEPs write to President von der Leyen on Coman & Hamilton’s 4 year non-implementation anniversary. Accessible at: https://lgbti-ep.eu/2022/06/07/meps-write-to-president-von-der-leyen-on-coman-hamiltons-4-year-non-implementation-anniversary/

ILGA Europe, (2022, June 7). Complaint Filed with EC Against Hungary’s Lack of Free Movement for Same-sex Couples. Accesible at: https://www.ilga-europe.org/resources/news/latest-news/complaint-filed-ec-against-hungarys-lack-free-movement-same-sex-couples