Same-Sex Spouses: More Free Movement, But What About Marriage ...

Skip to main content Download This Paper Open PDF in Browser Add Paper to My Library Share: Permalink Using these links will ensure access to this page indefinitely Copy URL Copy DOI Same-Sex Spouses: More Free Movement, but What About Marriage? Coman: Case C-673/16, Coman et al. v. Inspectoratul General Pentru Imigrări, Judgement of the Court of Justice (Grand Chamber) of 5 June 2018, EU:C:2018:385

Common Market Law Review 57(1), pp. 227–242, 2020

University of Groningen Faculty of Law Research Paper No. 21/2020

12 Pages Posted: 6 May 2020 Last revised: 18 May 2020

See all articles by Dimitry V. Kochenov

Dimitry V. Kochenov

CEU Democracy Institute, Budapest; CEU Department of Legal Studies, Vienna

Uladzislau Belavusau

T.M.C. Asser Institute - University of Amsterdam

Date Written: April 10, 2020

Abstract

This paper provides a critical annotation 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 hetero-normative 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. A more detailed analysis of the Case is provided by the authors in the pages of the Maastricht Journal of European and Comparative Law (2020) and has also appeared, in draft, as an EUI Working Paper.

Keywords: Same-Sex Marriage, Coman, EU Citizenship, Free Movement, Equality, Non-Discrimination

Suggested Citation: Suggested Citation

Kochenov, Dimitry V. and Kochenov, Dimitry V. and Belavusau, Uladzislau, Same-Sex Spouses: More Free Movement, but What About Marriage? Coman: Case C-673/16, Coman et al. v. Inspectoratul General Pentru Imigrări, Judgement of the Court of Justice (Grand Chamber) of 5 June 2018, EU:C:2018:385 (April 10, 2020). Common Market Law Review 57(1), pp. 227–242, 2020, University of Groningen Faculty of Law Research Paper No. 21/2020, Available at SSRN: https://ssrn.com/abstract=3572723 or http://dx.doi.org/10.2139/ssrn.3572723

Dimitry V. Kochenov (Contact Author)

CEU Democracy Institute, Budapest ( email )

Nador utca 9Budapest, H-1051Hungary

CEU Department of Legal Studies, Vienna ( email )

Quellenstraße 51Vienna, 1100Austria

Uladzislau Belavusau

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

R.J. Schimmelpennincklaan 20-22The Hague, 2517 JNNetherlands

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

Download This Paper Open PDF in Browser

Do you have a job opening that you would like to promote on SSRN?

Place Job Opening

Paper statistics

Downloads 369 Abstract Views 2,927 Rank 192,197 3 Citations 29 References PlumX Metrics

Related eJournals

• Comparative & Non-U.S. Constitutional Law eJournal

  Follow

  Comparative & Non-U.S. Constitutional Law eJournal

  Subscribe to this fee journal for more curated articles on this topic

  FOLLOWERS 1,804 PAPERS 15,641 This Journal is curated by: Joseph Blocher at Duke University School of Law , Kevin Tobia at Georgetown University Law Center

• Comparative Law & Trans-National Studies eJournal

  Follow

  Comparative Law & Trans-National Studies eJournal

  Subscribe to this fee journal for more curated articles on this topic

  FOLLOWERS 1,631 PAPERS 16,202 This Journal is curated by: Francesco Parisi at University of Minnesota - Twin Cities - School of Law

• Discrimination, Law & Justice eJournal

  Follow

  Discrimination, Law & Justice eJournal

  Subscribe to this fee journal for more curated articles on this topic

  FOLLOWERS 1,219 PAPERS 19,405 This Journal is curated by: Francisco Valdes at University of Miami - School of Law

• European Public Law: EU eJournal

  Follow

  European Public Law: EU eJournal

  Subscribe to this fee journal for more curated articles on this topic

  FOLLOWERS 917 PAPERS 15,886 This Journal is curated by: Paul B. Stephan at , A.U. (André) Janssen at Radboud University Nijmegen - Faculty of Law

• Family & Children's Law eJournal

  Follow

  Family & Children's Law eJournal

  Subscribe to this fee journal for more curated articles on this topic

  FOLLOWERS 879 PAPERS 12,602 This Journal is curated by: Jane M. Spinak at Columbia University - Law School , June Carbone at University of Minnesota - Twin Cities - School of Law

• Law & Society: Family Law, Relations & Dispute Resolution eJournal

  Follow

  Law & Society: Family Law, Relations & Dispute Resolution eJournal

  Subscribe to this free journal for more curated articles on this topic

  FOLLOWERS 734 PAPERS 8,024 This Journal is curated by: Amy G. Applegate at Indiana University Maurer School of Law

• Law & Society: Private Law - Family Law eJournal

  Follow

  Law & Society: Private Law - Family Law eJournal

  Subscribe to this free journal for more curated articles on this topic

  FOLLOWERS 701 PAPERS 4,598 This Journal is curated by: Steve Sanders at Indiana University Maurer School of Law

• Immigration, Refugee & Citizenship Law eJournal

  Follow

  Immigration, Refugee & Citizenship Law eJournal

  Subscribe to this fee journal for more curated articles on this topic

  FOLLOWERS 670 PAPERS 9,360 This Journal is curated by: Kevin R. Johnson at University of California, Davis - School of Law

• Sexuality & the Law eJournal

  Follow

  Sexuality & the Law eJournal

  Subscribe to this fee journal for more curated articles on this topic

  FOLLOWERS 380 PAPERS 6,122 This Journal is curated by: Nan D. Hunter at Georgetown University Law Center

• Feminist Methodology & Research eJournal

  Follow

  Feminist Methodology & Research eJournal

  Subscribe to this fee journal for more curated articles on this topic

  FOLLOWERS 345 PAPERS 2,134

• Legal Anthropology: Law in Global Context eJournal

  Follow

  Legal Anthropology: Law in Global Context eJournal

  Subscribe to this journal for more curated articles on this topic

  FOLLOWERS 194 PAPERS 8,876

• Legal Anthropology: Family Law eJournal

  Follow

  Legal Anthropology: Family Law eJournal

  Subscribe to this fee journal for more curated articles on this topic

  FOLLOWERS 180 PAPERS 1,481

• Sociology of Law eJournal

  Follow

  Sociology of Law eJournal

  Subscribe to this fee journal for more curated articles on this topic

  FOLLOWERS 76 PAPERS 5,056

• Sociology of Gender eJournal

  Follow

  Sociology of Gender eJournal

  Subscribe to this fee journal for more curated articles on this topic

  FOLLOWERS 50 PAPERS 3,290

Feedback Feedback to SSRN Feedback (required) Email (required) Submit