Coman gay

If the Luxembourg Court did raise the bar on LGBT rights in Coman, the step forward regarding the recognition of same-sex marriage is a rather small one. EU citizens and their families have the right to travel and reside freely within the territory of Member States.

Three years later, Clai Hamilton, spouse of Romanian citizen Adrian Coman, has not been granted residency yet. Introduction In its much-awaited judgment in Coman, delivered earlier this month, the Court of Justice ruled that the term ‘spouse’ for the purpose of the grant of family reunification rights gay EU free movement law, includes the same-sex spouse of a Union citizen who has moved between Member States.

[1] As of. Subscribe to our newsletter. 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 […]. Almost a decade on, the situation remains the same. On 5 Junethe 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. It was a decade ago, inthat Coman repealed Articlewhich criminalised homosexual relationships, after receiving pressure from the EU with whom accession talks were taking place.

Yet, overjoyed celebrations may be rushed. Here, Adrian Coman talks about the original case, and his hopes with this latest development. Arpi remembers celebrating when the judgement was published. Coman and Others v Inspectoratul General pentru Imigrări and Ministerul Afacerilor Interne is a case of the European Court of Justice (ECJ) that affirmed residency rights in EU countries (that do not recognise same-sex unions), to the spouse of an EU citizen who is exercising their right to freedom of movement and if the marriage gay legally performed in an EU member state.

However, the Romanian authorities chose not to follow EU laws and refused to recognise their marriage, so Clai was not able to apply for a residence permit. The decision was hailed as a great victory for same sex couples. In the couple turned to courts to have their marriage recognised for Clai to be able to have residence rights.

Now they’ve brought the case to the European Court of Human Rights (ECHR. This means that in such situations, the Union citizen can require the State of. Coman and Others maintain that failure to recognise, in connection with the exercise of the right of residence, marriages between persons of the same sex entered into abroad constitutes infringement of the provisions of the Romanian Constitution that protect the right to personal life, family coman and private life and the provisions relating to.

It was great news for Adrian, Clai and all rainbow families in the EU. There was a sense of happy ending, not only with the case, but also with the positive media exposure it received. We live in New York. This […]. Freedom of movement for same-sex spouses: The Coman Case, 3 years on See also.

EUR Lex 62016CJ0673 EN

Other couples in a similar situation began to tell their stories. I happen to be an American citizen at the same time, and we are here, recognised as spouses. Case Law. Press Release. Since then, the one relevant LGBTI related legal change in Romania has been an amendment to the Civil Code, prohibiting same-sex marriages and partnerships, and the recognition of those if they happened abroad.

Clai and I are very lucky. We recognise the privileges that we have and we have to use them for those who are not in the same situation.