La definizione di “coniuge” ai sensi della direttiva 38/2004:: Il caso Coman e Hamilton

• Francesco Battaglia ^[1]
  1. [1] Aut 5130211- Francesco Battaglia
• Localización: Ordine Internazionale e Diritti Umani, ISSN-e 2284-3531, Nº. 3, 2018, págs. 301-321
• Idioma: italiano
• Títulos paralelos:
  • The definition of “spouse” under directive 38/2004:: The case Coman and Hamilton
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• Resumen

  • This article focuses on the judgement Coman and Hamilton issued by the Court of justice of the European Union on 5 June 2018. This decision provides a definition of “spouse” under the directive 38/2004 on the free movement on people. In this regard the Court clarified for the first time that this definition includes same-sex marriages. Thus, Member States cannot rely on their national law as justification for refusing to recognise in their territory, for the sole purpose of granting a right of residence to a third-country national, a marriage concluded by that national with a Union citizen of the same sex in another Member State in accordance with the law of that State. In the opinion of the author, however, the judgement will have a broader impact, not limited to the scope of the directive.