Recognition of same-sex marriages in the context of freedom of movement in the EU through the prism of implementation of CJEU’s Coman judgment

Submitted jointly by ILGA-Europe and AIRE Centre

Find here the communicated case.

See also

News

Complaint Filed with EC Against Lack of Free Movement for Same-sex Couples in hungary

ILGA-Europe, alongside a Hungarian activist organisation, have filed a complaint against Hungary because of its refusal to implement the 2018 Coman judgement, which recognises that […]
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Blog

How Baby Sara and her mums have pushed forward the rights of all rainbow families across the EU

When an EU country recognises a child and its same-sex parents as a family, all EU countries should recognise them as such, so to guarantee their freedom of movement. This is what the EU’s top court ruled in December. But how this case has advanced LGBTI rights in the European Union and what comes next for rainbow families?
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Case Law

Macaté v. Lithuania

Freedom of expression, warning labels restricting artistic expression.
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Blog

What has 2021 meant to the LGBTI movement in Europe? Listen to our latest podcast episode to find out this year’s highlights

As 2021 comes to an end, we have collected some of the moments, events and trends that have marked the year in the latest episode of The Frontline, ILGA-Europe’s podcast about LGBTI activism and lives in Europe and Central Asia. Read here some of the episode’s highlights and find out reasons to stay hopeful in 2022.
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Press Release

Top EU Court Recognises Relationship of Same-sex Parents and their Children Under EU Law

In a landmark judgement, the Court of Justice of the European Union has ruled that a child and its same-sex parents must be recognised as […]
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Case Law

Coman and Others v Romania

Recognition of same-sex marriages in the context of freedom of movement in the EU through the prism of implementation of CJEU’s Coman judgment.
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Blog

How trans parents are better protected after European Court ruling

Recently, the European Court of Human Rights ruled in favour of a trans woman in Russia who was denied access to her children because of her gender identity and transition. Read on to find out how this may benefit all trans and LGBTI parents in Europe.
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News

European Court rules in favour of the best interest of the child in same-sex custody case

The European Court of Human rights has ruled that the refusing a mother custody of her youngest child on the grounds of her sexual orientation to be discriminatory and a violation of her right to private and family life.
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Blog

Freedom of movement for same-sex spouses: The Coman Case, 3 years on

ON 5 JUNE 2018, THE COURT OF JUSTICE OF THE EUROPEAN UNION (CJEU) ISSUED A LANDMARK JUDGEMENT AGAINST ROMANIA, RECOGNISING THAT THE TERM SPOUSE INCLUDES SAME-SEX SPOUSES UNDER EU FREEDOM OF MOVEMENT LAWS. THREE YEARS LATER, CLAI HAMILTON, SPOUSE OF ROMANIAN CITIZEN ADRIAN COMAN, HAS NOT BEEN GRANTED RESIDENCY YET. NOW THEY’VE BROUGHT THE CASE TO THE EUROPEAN COURT OF HUMAN RIGHTS (ECHR). HERE, ADRIAN COMAN TALKS ABOUT THE ORIGINAL CASE, AND HIS HOPES WITH THIS LATEST DEVELOPMENT.
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Podcast

Rainbow Family Rights in Europe – Part 4: At a Crossroads in Ukraine

Several pathways for partnership rights were part of the Ukraine took in EU-Ukraine Association agreement 2014-2016. Based on it the Ukrainian government developed a human […]
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Podcast

Rainbow Family Rights in Europe – Part 1: The Coman Case Three Years On

Three years ago, Adrian and his partner Clai were successful bringing their case to the Court of Justice of the European Union, which judged that […]
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News

Is The EU an LGBTIQ Freedom Zone? 

The ambition is right, but the reality is very different, says leading European LGBTI rights organisation
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News

European Court will consider lack of implementation of EU law to enable freedom of movement for same-sex spouses

Almost three years after the European Court ruled that Romania must recognise a same-sex couple under EU freedom of movement legislation, its government is yet to implement the judgement.
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Press Release

LGBTI rights groups welcome judgement finding Romania in violation of the European Convention on Human Rights because of a lack of proper legal framework for legal gender recognition

Romania has been found to be in violation of the European Convention on Human Rights because its authorities present transgender people with an impossible dilemma. 
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Case Law

V.D. v Russia

Asylum. Submitted jointly by ILGA-Europe, AIRE Centre, ICJ and UKLGIG.
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Case Law

A.H. and Others v Germany

Recognition of trans parenthood.
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Case Law

Buhuceanu and Ciobotaru v. Romania

Recognition of same-sex unions. Submitted jointly by ILGA-Europe, FIDH, NELFA and ECSOL. 
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Case Law

Y. v France

Recognition of non-binary identities. Submitted jointly by ILGA-Europe, OII Europe, and C.I.A. (Collectif intersexes et allié-e-s).
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Press Release

ILGA-Europe welcomes judgement from the Court of Justice of the European Union saying that a homophobic statement on an Italian radio show constituted discrimination in employment

In a judgement delivered on 23 April 2020, the European Court of Justice (CJEU) held that statements made by a lawyer during a radio programme, saying he would never recruit a “homosexual” or wish to use the services of such persons, fall within the material scope of EU Directive 2000/78 (‘the anti-discrimination directive’).
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Blog

Voices of ILGA-Europe: Meet Italian legal eagle, Emiliano Ganzarolli

The Court of Justice of the European Union has just made a landmark decision, saying that a lawyer who declared that he would never hire a “homosexual” person in his law firm was discriminating under an EU employment directive. Meet activist Emiliano Ganzarolli, from the powerhouse group of LGBT lawyers who took the case.
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News

Join our webinar on bringing cases before the European Commission

As part of our advocacy to ensure that EU law is applied without discrimination and that CJEU judgments recognising LGBTI rights, like the Coman judgement, are properly implemented in all EU Member States, ILGA-Europe is holding a webinar on bringing cases to the European Commission.
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Report

Guide: COVID-19 Pro bono legal resources and support

As part of our ‘Protect, Adapt and Rally’ package, please find below an overview of leading pro bono service providers and clearing houses that are […]
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Press Release

Romania to hold referendum that could violate the rights of rainbow families

In a decision issued this morning (17 September), the romanian constitutional court has approved a proposal (by 7 votes to 2) to hold a referendum on […]
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News

Voters in Romania boycott restrictive referendum on definition of family

A referendum in Romania asking voters to restrict the constitutional definition of family has failed to reach the required 30% turnout target. Groups campaigning against […]
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Press Release

CJEU rules in coman case that ‘spouse’ definition in free movement law includes same-sex couples

In a landmark decision, issued this morning in what has come to be known as ‘the Coman case’, the Court of Justice of the European […]
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News

The Coman Case: Q&A

The Court of Justice of the European Union delivered a judgment today, saying that the definition of ‘spouse’ in EU law on freedom of movement includes same-sex […]
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News

Budapest court rules foreign same-sex marriages must be recognised in Hungary

A judge at Budapest District Court has ruled that same-sex couples who have married outside Hungary have the right to their union being recognised as […]
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News

Freedom of movement and same-sex couples in Romania – coman case update

Same-sex spouses are included in the definition of ‘spouse’, for the purposes of freedom of residence of citizens of the EU and their family members. This […]
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Policy Paper

ILGA-Europe’s key demands for the recognition of diverse families

Position on partnership and parenting, adopted in October 2006, revised in 2014. ILGA-Europe strives for equality in law, public policies and practices relating to any […]
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Report

Accessing Health: Context and Challenges for LGBT People in Central & Eastern Europe

This research project is the first of its size and scope has to be carried out among LGBT communities in Bosnia and Herzegovina, Hungary, Macedonia, […]
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