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The Directive — which applies to all Union citizens who move to a Member State other than that of their nationality — provides that Union citizens and their family members, enjoy the right to move and reside in the territory of another Member State, and lays down the conditions for the exercise of this right. The first instance court felt that it needed to refer the matter to the Romanian Constitutional Court, which, in its turn, considered it necessary to make a reference for a preliminary ruling to the ECJ asking, in essence, whether EU law requires the EU Member State to which a same-sex married couple moves, to recognise the couple as married and — as such — to grant them family reunification rights.

Free european blog sex video


In practice, such family reunification rights are claimed by the third-country national family members of Union citizens, as family members who are Union citizens already enjoy the right to move and reside freely within Member States on their own right. This led the couple to bring an action against the decision of the national authorities before a first instance court in Romania.

Free european blog sex video

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1 Comment

  1. These family members have the automatic right to accompany or join the Union citizen in the host Member State, and this is so irrespective of their nationality and, in particular, irrespective of whether they are Union citizens.

  2. In practice, such family reunification rights are claimed by the third-country national family members of Union citizens, as family members who are Union citizens already enjoy the right to move and reside freely within Member States on their own right. This is a landmark ruling of great constitutional importance which has the potential of changing the legal landscape for the recognition of same-sex relationships within the EU.

  3. This led the couple to bring an action against the decision of the national authorities before a first instance court in Romania.

  4. In practice, such family reunification rights are claimed by the third-country national family members of Union citizens, as family members who are Union citizens already enjoy the right to move and reside freely within Member States on their own right. One of the arguments made was that the Romanian Civil Code is unconstitutional in that its failure to recognise marriages between persons of the same sex entered into abroad constitutes infringement of certain provisions of the Romanian Constitution.

  5. This led the couple to bring an action against the decision of the national authorities before a first instance court in Romania.