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.
The Court found a violation of Article 8 (right to private and family life) and 11 (freedom of association and assembly) together with Article 14 (prohibition of discrimination).
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.
A referendum in Romania asking voters to restrict the constitutional definition of family has failed to reach the required 30% turnout target.
Same-sex spouses are included in the definition of ‘spouse’, for the purposes of freedom of residence
That is the potentially life-changing situation being considered by the Court of the Justice of the European Union (CJEU) today.
The Romanian Constitutional Court has announced that it will refer questions to the Court of Justice of the European Union in the case of a same-sex couple who wish to be recognised as spouses.