European Region of the International Lesbian, Gay, Bisexual, Trans and Intersex Association

LGBT families and the Free Movement Directive: Implementation Guidelines

The Guidelines were originally written for ILGA-Europe by Mark Bell and published by in October 2005, this edition of the Guidelines was edited and updated by Matteo Bonini Baraldi in January 2009.

These guidelines provide an introduction to the Directive on the right to free movement, an explanation of those provisions relevant to LGBT families, an overview of the transposition process, and an analysis of the impact of the Directive when applied to LGBT families. They are designed to assist organisations in monitoring national law in order to ensure that LGBT families enjoy the fullest protection in accordance with the Directive.

In 2004, the European Union adopted a new Directive on the right to free movement. This Directive sets out the rules applying to EU citizens and their family members who wish to move to another Member State. This can be for various purposes: to take up a new job, to undertake studies or even for retirement. It is particularly important for lesbian, gay, bisexual and transgender (LGBT) families who want to exercise their right to free movement. The Directive entered into force on 30 April 2006. All 25 Member States, plus Bulgaria and Romania which joined the Union in 2007, should have taken steps to ensure that domestic immigration laws comply with the Directive. These guidelines provide an introduction to the Directive, an explanation of those provisions most relevant to LGBT families, an overview of the transposition process, and an analysis of the impact of the Directive when applied to LGBT families. They are designed to assist organisations in monitoring national law in order to ensure that LGBT families enjoy the fullest protection in accordance with the Directive.