Publication at Faculty of Law |
2019
Abstract
The article deals with the recent Coman case, where the Court of Justice of the European Union held that the term 'spouse' within the meaning of Art. 2(2)a of the Directive 2004/38 is gender-neutral and may therefore cover the same-sex spouse of the Union citizen concerned. The article focuses on an analysis of the legal consequences of this ruling, especially in those EU Member states that do not recognize marriage between persons of the same sex.
It also argues in favour of reconsideration of the CJ EU approach in the Metock case.
