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Coman and Others v Inspectoratul General pentru Imigrări and Ministerul Afacerilor Interne is a 2018 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 was legally performed in an EU member state.
The opt-outs are outlined in the Edinburgh Agreement and concern the EMU (as above), the Common Security and Defence Policy (CSDP), Justice and Home Affairs (JHA) and the citizenship of the European Union. The citizenship opt-out stated that European citizenship did not replace national citizenship; this opt-out was rendered meaningless when ...
The marriage must have lasted for a minimum of 5 years. The spouse applicant must also have lived in Austria with a settlement permit (Niederlassungsbewilligung) for a minimum of 6 years. This entitlement scheme is the most restrictive among all the European Union member countries regarding foreign spouses obtaining the member state's citizenship.
Over the years, the European Court of Human Rights (ECtHR) has handled cases that challenged the lack of legal recognition of same-sex couples in certain member states. The Court has held that the European Convention on Human Rights (ECHR) requires member states to provide legal recognition, but does not require marriage to be opened to same-sex couples.
The European Convention on Nationality (E.T.S. No. 166 [1]) was signed in Strasbourg on 6 November 1997. It is a comprehensive convention of the Council of Europe dealing with the law of nationality. The convention is open for signature by the member States of the Council of Europe and the non-member States which have participated in its ...
Also, according to the European Court of Justice in the case of Coman and Others, by judgement of 5 June 2018, a "spouse" (or partner or any other family member) in the Free Movement Directive (2004/38/EC) includes a (foreign) same-sex spouse; member states are required to confer the right of residence on the (foreign) same-sex spouse of a ...
This was below the European Union average of 44% and 32% respectively. [131] A Eurispes poll conducted in early 2009 showed that 40.4% of Italians supported same-sex marriage and 18.5% supported civil unions but not marriage. Thus, 58.9% of respondents supported some form of recognition for same-sex couples.
The court ruled that European Union (EU) member states must recognise the freedom of movement and residency rights of same-sex spouses, provided one partner is an EU citizen. [ 112 ] [ 113 ] [ 114 ] The court ruled that EU member states may choose whether or not to allow same-sex marriage, but they cannot obstruct the freedom of residence of an ...