OPINION OF ADVOCATE GENERAL WATHELET AND JUDGMENT OF THE COURT OF JUSTICE OF THE EUROPEAN UNION IN CASE C-673/16, CONCERNING THE CONCEPT OF “SPOUSE” IN EUROPEAN UNION LAW
Journal Title: Challenges of the knowledge society ( Provocari ale societatii cunoasterii ) - Year 2019, Vol 11, Issue 13
Abstract
The interpretation given by the Court of Justice of the European Union to the concept of "spouse", after Advocate General Wathelet submitted his conclusions, represents a breakthrough on gender equality and same-sex couples concerning the provisions of EU legislation on the right of residence of Union citizens and their family members. The CJEU judgment is a recognition of the rights granted to same-sex couples legally married in a Member State who wish to exercise their freedom of movement and who, thus have the opportunity to be accompanied by their spouses, under the same conditions as those applicable to couples of different sexes. The judgment does not force states to legislate same-sex marriage but requires them to recognise the effects of this type of marriage on their territory solely for the purpose of exercising the derived rights that European Union citizens have).
Authors and Affiliations
Roxana-Mariana POPESCU
Keywords
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