LGBT families and the Free Movement Directive: Implementation Guidelines

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. 

See also

Press Release

The ILGA-Europe conference, the largest LGBTI conference in Europe and Central Asia, meets in Bucharest this weekend

The ILGA-Europe Annual Conference, the largest LGBTI conference of its kind in Europe, has brought over 400 LGBTI activists from across Europe and Central Asia […]
read more
News

Joint statement: EU Court of Justice strengthens trans rights by calling for the automatic recognition in birth certificates

ACCEPT, TGEU and ILGA-Europe welcome today’s decision of the Court of Justice of the EU (CJEU)   said that the refusal of an EU Member State […]
read more
News

Joint statement: Welcoming European Court judgement on Poland’s failure to protect same-sex couples married abroad

The European Court of Human Rights has found that Poland breached the right to respect for the family life of two same-sex Polish couples married […]
read more
News

Joint statement: Paving the way for an equality-centred policy cycle

Along with 140 civil society organisations across the EU, we are calling on EU leaders to include equality & non-discrimination as central priorities in the […]
read more
Blog

EU Election results: The challenges & opportunities

Today we dive into the mixed results of the European Elections, the shift to the far right in national elections, and the potential impact of […]
read more
Podcast

What the EU Election Results Will Mean for LGBTI Human Rights

Although the swing to the far right predicted in the European elections hasn’t been as radical as expected, with the progressive and centre-right still holding […]
read more
Blog

The intersecting consequences of a possible far-right vote in the European elections

As the European elections approach, the polls predict a significant shift towards the far-right. This anticipated surge reflects a broader trend of increasing nationalism across […]
read more
Press Release

EU Elections Candidates Across Europe Are Vowing to Support LGBTI Human Rights

As voters get ready to go to the polls in the European Elections, over a thousand candidates across Europe have pledged to protect and advance […]
read more
Blog

Hundreds of European election candidates pledge to protect LGBTI rights

Amid fears of a rise in the far-right in the European elections this June 6-9, the number of candidates who are demonstrating their support for […]
read more
Report

EU Enlargement Review 2024

The fundamental rights of LGBTI people need to be a core part of the accession process and EU institutions need to work with the authorities […]
read more
Blog

6 Tips to Get Local Media Supporting LGBTI Human Rights in the European Elections

In our joint effort to get candidates for European Elections to pledge their support for LGBTI rights, teaming up with the media is key. That […]
read more
Blog

Ukraine, LGBTI rights and joining the EU

Last year, Ukraine became a candidate country to join the European Union. But the country’s lack of LGBTI rights threatens to hinder the process As […]
read more
Blog

6 ways to encourage European Election candidates to pledge their support for the human rights of LGBTI people

Here are some highly effective, but easy ways to engage your local candidates for the European Elections with the Come Out 4 Europe campaign towards […]
read more
Press Release

EU candidates called to protect democracy and LGBTI human rights amid political hostility

Amidst a climate where political forces across Europe are attacking the rights of LGBTI people, candidates in the forthcoming European elections are being called upon […]
read more
News

Greece adopts historic bill introducing marriage equality

We welcome and celebrate with local activists the news that the Greek parliament has adopted an historic bill introducing marriage equality, granting marriage and adoption […]
read more
Blog

Did you know that acceptance of LGBTI people is stronger than ever across the EU?

Published last month, the latest Eurobarometer report, charting public opinion in the European Union, shows acceptance of LGBTI people is clearly on the rise across […]
read more
Blog

Attacks on LGBTI rights in Italy are human rights violations, Commissioner reports

Since the new Italian government came into power in 2022, it has been toying with the rights of LGBTI people. Draft legislation that would do […]
read more
News

Poland must ensure that same-sex couples are legally recognised, European Court rules

The European Court of Human Rights has issued a judgement against Poland in a case taken by five same-sex couples in the country, seeking to […]
read more
Press Release

Giving hope comes with responsibility to us, say activists from new EU enlargement countries

Today, LGBTI activists from Ukraine, Moldova and Georgia met with EU representatives in Brussels to explain serious challenges facing lesbian, gay, bisexual, transgender and intersex […]
read more
News

JOINT STATEMENT ON HUMAN RIGHTS VIOLATIONS IN ITALY

Today, November 20, we celebrate UN World Children’s Day, and feel compelled to draw attention to the recent developments in Italy where some children no […]
read more
News

Romania failed to protect same-sex couples, European court rules

European court has found that Romania breached the right to respect for the family life of 21 same-sex Romanian couples by failing to recognise their relationships.
read more
Report

EU LGBTIQ Equality Strategy – Second year implementation evaluation

Half-way through, the evaluation of LGBTI organisations is positive, but also pointing clearly to where more is needed to ensure the implementation of the strategy […]
read more
Report

EU Enlargement Review 2023

ILGA-Europe has worked with ERA – LGBTI Rights Association for the Western Balkans and Turkey, to produce our annual LGBTI Enlargement Review, assessing gaps in […]
read more
Blog

For good and bad: The trending impacts on LGBTI human rights in Europe and Central Asia

The most striking finding of ILGA-Europe’s Annual Review 2023 is a stark rise in the ferocity of anti-LGBTI hate and violence reported in Europe and Central Asia. But alongside this worrying trend, there are positive developments in areas such as legal gender recognition, public support, intersex human rights and civil society. Here are the key highlights.
read more
News

Bulgaria’s Supreme Court Rejects Baby Sara’s Bulgarian Citizenship

Arguing that Baby Sara is not a Bulgarian citizen, the country’s Supreme Administrative Court (SAC) said that their decision not to grant a birth certificate […]
read more
Blog

The 5 largest attacks on the fundamental rights of LGBTI people in the EU last year

In our submission to the European Commission’s annual Rule of Law report, we’ve identified key trends in the systematic attacks on the rights of LGBTI […]
read more
News

European Court rules against Lithuania labelling LGBTI-inclusive fairytale book harmful to children

Published in 2013 by the Lithuanian University of Educational Sciences and written by the late lesbian writer, Neringa Dangvyde Macate, the book was entitled ‘Amber […]
read more
Press Release

LGBTI organisations welcome EU parental recognition proposal with the best interests of the child at its core

EU-wide parenthood recognition is key in ensuring equal protection for all children in the Union, say ILGA-Europe and NELFA.
read more
Blog

Activists on Accession to the EU

Although achieving EU membership can take several years, even decades, the accession process can already have a positive impact in LGBTI people in a candidate country. We speak to activists in the latest candidates, Ukraine and Moldova, and from Montenegro, which has been a candidate since 2010.
read more
Blog

Update: The Rights of Rainbow Families in the EU

The Court of Justice of the EU has ruled in two occasions over recent months that EU countries must protect the freedom of movement of rainbow families. This is a right all EU citizens should enjoy, LGBTI people too. In today’s blog, we bring you the state of LGBTI people’s family rights in different EU countries.
read more