Get 20M+ Full-Text Papers For Less Than $1.50/day. Start a 14-Day Trial for You or Your Team.

Learn More →

The CJEU Crossing the Rubicon on the Same-Sex Marriages? Commentary on Coman Case

The CJEU Crossing the Rubicon on the Same-Sex Marriages? Commentary on Coman Case AbstractThe article analyses the decision of the EU Court of Justice in Coman in which the Court derived residence rights for spouses in the same-sex marriages. The article outlines the basic grounds of the judgement and critically appraises them in the context of EU primary as well as secondary law and especially Directive 2004/38. The article raises concerns about the division of competences between the EU and its Mem­ber States, extended interpretation of the term “spouse” in the context of EU law, human rights considerations as well as potential effects of the decision on national family law. http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png International and Comparative Law Review de Gruyter

The CJEU Crossing the Rubicon on the Same-Sex Marriages? Commentary on Coman Case

International and Comparative Law Review , Volume 18 (2): 15 – Dec 1, 2018

Loading next page...
 
/lp/de-gruyter/the-cjeu-crossing-the-rubicon-on-the-same-sex-marriages-commentary-on-0YbG7FdlSV

References

References for this paper are not available at this time. We will be adding them shortly, thank you for your patience.

Publisher
de Gruyter
Copyright
© 2019 Václav Stehlík, published by Sciendo
eISSN
2464-6601
DOI
10.2478/iclr-2018-0039
Publisher site
See Article on Publisher Site

Abstract

AbstractThe article analyses the decision of the EU Court of Justice in Coman in which the Court derived residence rights for spouses in the same-sex marriages. The article outlines the basic grounds of the judgement and critically appraises them in the context of EU primary as well as secondary law and especially Directive 2004/38. The article raises concerns about the division of competences between the EU and its Mem­ber States, extended interpretation of the term “spouse” in the context of EU law, human rights considerations as well as potential effects of the decision on national family law.

Journal

International and Comparative Law Reviewde Gruyter

Published: Dec 1, 2018

References