Right of Residence in the European Union of Same-Sex Marriages

  • María Dolores Ortiz Vidal Universidad de Murcia
DOI: https://doi.org/10.18543/ced-62-2020pp127-154
Keywords: same-sex marriage, free movement of persons in the EU, spouse, principle of mutual recognition, international public order

Abstract

The marital status of natural persons fall under the remit of each Member State. Therefore, each Member State of the European Union decides - according to its national identity - whether or not the celebration in its country of a marriage between people of the same sex is valid. However, failure to recognize this situation limits the right of citizens of the European Union and their family members to move and reside freely within the territory of the Member States. In view of this situation, the present paper assesses whether discrimination based on sexual orientation can force the Member States of the European Union to reconsider the legal institution of marriage, with respect to the exercise of the right to free movement and residence. The answer will enable, or not, the third State national who contracts a valid homosexual marriage with another citizen of the European Union to accompany the spouse, in case, for any reason that covers their interests, both decide to move their residence from a Member State to another.

Received: 01 August 2018
Accepted: 15 January 2020
Published online: 02 April 2020

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Author Biography

María Dolores Ortiz Vidal, Universidad de Murcia
María Dolores Ortiz Vidal has a Law Degree from the University of Murcia. PhD in Law from the University of Zaragoza. Advanced Diploma of Advanced Studies in Law (UNIZAR). Advanced Research Master’s Degree and Specialized in Law (UMU). Professor Doctor of International Public Law and International Relations at the University of Murcia. Member of the Unit for Spain of Unesco «Chair in Bioethics and Medical Law» (University of Haifa, Israel). Member of the Chair of Social Economy (UMU). Member of the Assembly of the Center for European Studies (UMU). Member of the Research Group «International Law» (UMU). Member of the Spanish Association of Professors of International Law and International Relations. Vice-Dean of Quality and Communication (UMU) and Coordinator of the Master’s Degree in Family Law and Hereditary Law (UMU). His lines of research include: international property law and international family law, with special attention to the protection of minors.
Published
2020-04-02
How to Cite
Ortiz Vidal, María Dolores. 2020. “Right of Residence in the European Union of Same-Sex Marriages”. Deusto Journal of European Studies, no. 62 (April), 127-54. https://doi.org/10.18543/ced-62-2020pp127-154.
Issue
No. 62 (2020)
Section
Articles

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