The Expanding Concept of EU Citizenship Free Movement Rights and the Potential Positive Impact this has for Same-Sex Couples Relocating Across Borders

Hamilton, Frances (2018) The Expanding Concept of EU Citizenship Free Movement Rights and the Potential Positive Impact this has for Same-Sex Couples Relocating Across Borders. Family Law. ISSN 0014-7281

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Abstract

A recent Advocate General’s Opinion by Advocate General Melchior Wathelet before the European Court of Justice in the case of C-673/16 Relu Adrian Coman and Others v Inspectoratul General pentru Imigrări and Others (‘Coman’) argued that expanded citizenship rights should be given to same-sex couples. Although this would not require EU Member States to introduce same-sex marriage or registered partnership, EU Member States would be required to grant permanent residency rights to a non-EU citizen same-sex spouse married in a different EU state. The ECJ now has to determine whether or not they agree with Advocate General Melchior Wathelet’ s Opinion. The ECJ’s judgment is expected to be delivered this Summer. Brexit however means that following the UK’s departure from the EU, UK same-sex couples will no longer benefit from the expanding notion of EU citizenship free movement rights.

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