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Homosexual marriages also enjoy freedom of movement in the EU

The Community lawyer concludes that countries that do not recognise such unions must give the same rights of residence to the spouses of European citizens

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Homosexual marriages also enjoy freedom of movement in the EU

Two men, one of m Romanian, or American, who live toger for four years in American country. That in 2010 are married in Brussels, where homosexual marriage is legal. And that two years later decide to move to Romania, where law does not contemplate such unions. Eat, which is name of Romanian citizen, has no administrative problems because he returns to his place of birth. Hamilton, as his name is his spouse, asks Romanian authorities to give him documents necessary to work and live permanently in Romania with man he married. With his request, Hamilton makes use of freedom of movement directive which EU establishes for spouses of Community citizens. The response of Romanian authorities? Negative because country does not recognize homosexual marriage. The reaction of marriage? To denounce case before courts of country for unconstitutionality.

More information
  • Germany approves homosexual marriage
  • Gay marriage is unstoppable

The case has come from Bucharest to Luxembourg. European justice has been pronounced this Thursday through Attorney General Melchior Walet, whose views, although not defintiivas, do tend to coincide with final judgement on a large majority of occasions. In its conclusions, known this Thursday, community lawyer opens door to a greater protection of rights of homosexual marriages in countries where it is not legalized.

The lawyer recognizes that each country is free to legalize homosexual marriage, but it bears opposite of Romania's decision. "They cannot hinder freedom of residence of a citizen of Union by denying grant to ir spouse, of same sex, national of a non-member State of Union, a right of permanent residence in ir territory," he says. Or what is same, if a European citizen marries someone outside EU, he/she has right to have his or her partner move with him or her to any of twenty-eight Member States, regardless of wher or not law of country recognizes homosexual marriage.


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