The concept of family in the EU free movement law

• Main Author: Janićijević Dejan
• Format: Article
• Language: English
• Published: Faculty of Law, Niš 2014-01-01
• Series: Zbornik Radova Pravnog Fakulteta u Nišu
• Subjects: spouse; same-sex marriage; civil partnership; family
• Online Access: http://scindeks-clanci.ceon.rs/data/pdf/0350-8501/2014/0350-85011468389J.pdf

This paper examines the concepts of spouse, civil partner and partner in European Union (EU) law, particularly in regulations referring to the free movement of persons, criticizing the unharmonized approach to defining family in this context. It argues that the narrow interpretation of the term spouse could lead to discrimination on the grounds of sexual orientation. Likewise, grounding free movement rights of civil partners on host state recognition of such partnerships could lead to the same result, which is not compatible with the equality principle in the EU law. The position of unmarried or unregistered partners is also considered; in particular, the paper analyses the requirement to duly attest durability of the relationship and its impact on the same-sex partners wishing to immigrate to a Member State. The author holds that it is necessary to reconsider the law in this area and adjust it to the EU's efforts to eliminate discrimination on the grounds of sexual orientation.