Same-Sex Spouses in the EU after Coman: More Free Movement, But What about Marriage?

EUI Working Paper (Florence) No. 2019/3

27 Pages Posted: 18 Oct 2019

See all articles by Dimitry Kochenov

Dimitry Kochenov

University of Groningen - Faculty of Law

Uladzislau Belavusau

T.M.C. Asser Institute - University of Amsterdam; University of California, Berkeley - Berkeley Center on Comparative Equality & Anti-Discrimination Law

Multiple version iconThere are 2 versions of this paper

Date Written: October 9, 2019

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 important questions which remain open and which the Court will need to turn to in the near future to ensure that marriage equality in moves beyond mere proclamations in the whole territory of the Union.

Keywords: Coman, marriage equality, non-discrimination, same-sex marriage, EU law

Suggested Citation

Kochenov, Dimitry and Belavusau, Uladzislau, Same-Sex Spouses in the EU after Coman: More Free Movement, But What about Marriage? (October 9, 2019). EUI Working Paper (Florence) No. 2019/3. Available at SSRN: https://ssrn.com/abstract=3466716

Dimitry Kochenov (Contact Author)

University of Groningen - Faculty of Law ( email )

Oude Kijk in 't Jatstraat 26
Groningen, 9712 EK
Netherlands

Uladzislau Belavusau

T.M.C. Asser Institute - University of Amsterdam ( email )

R.J. Schimmelpennincklaan 20-22
The Hague, 2517 JN
Netherlands

HOME PAGE: http://www.uva.nl/en/profile/b/e/u.belavusau/u.belavusau.html

University of California, Berkeley - Berkeley Center on Comparative Equality & Anti-Discrimination Law

Boalt Hall
Berkeley, CA 94720-7200
United States

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