What's in a Name Case? Some Lessons for the Debate Over the Free Movement of Same-Sex Couples within the EU

German Law Journal (2016)

30 Pages Posted: 24 Jun 2016 Last revised: 26 Jun 2016

See all articles by Martijn van den Brink

Martijn van den Brink

Max Planck Institute for the Study of Religious and Ethnic Diversity

Date Written: June 17, 2016

Abstract

This Article engages the debate over the free movement of same-sex couples and explores what can, and should, be learned from the case law on the recognition of names. These “name cases” provide valuable lessons for both the proponents and opponents of same-sex marriage recognition. These cases show, first, that Member States are under the presumption to recognize marriages performed in other Member States. This Article also considers the importance of the national and constitutional identities of the Member States and suggests that there remains a possibility that Member States may justify the non-recognition of a marriage or deprive same-sex couples of some of the rights heterosexual married couples benefit from. The Article explores how the EU is confronted with a federal clash of values and offers some suggestions on how to solve this clash.

Keywords: EU citizenship, free movement, same-sex couples, federalism, fundamental rights, constitutional identity

Suggested Citation

van den Brink, Martijn, What's in a Name Case? Some Lessons for the Debate Over the Free Movement of Same-Sex Couples within the EU (June 17, 2016). German Law Journal (2016). Available at SSRN: https://ssrn.com/abstract=2797841 or http://dx.doi.org/10.2139/ssrn.2797841

Martijn Van den Brink (Contact Author)

Max Planck Institute for the Study of Religious and Ethnic Diversity ( email )

Hermann-Föge-Weg 11
Göttingen, 37073
Germany

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