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21 Colum. J. Eur. L. 195 (2014-2015)
EU Free Movement Law and the Legal Recognition of Same-Sex Relationships: The Case for Mutual Recognition

handle is hein.journals/coljeul21 and id is 207 raw text is: EU FREE MOVEMENT LAW AND THE LEGAL RECOGNITION OF SAME-SEX RELATIONSHIPS: THE CASE FOR MUTUAL RECOGNITION Alina Tryfonidou* This article seeks to examine the cross-border legal recognition of same-sex relationships in the EU and, in particular, the treatment of such relationships in situations that involve the free movement of Union citizens between Member States. Although the Member States maintain an exclusive competence in the field of family law and, thus, it is up to them to determine whether they will provide a legal status to same-sex couples within their territory, they need to exercise their powers in that field in a way that does not violate EU law. This, it is suggested, requires that Member States mutually recognize the legal status of same-sex couples and do not treat same-sex couples worse than opposite-sex couples, if the basis of the differentiation is, merely, the (homosexual) sexual orientation of the two spouses/partners. Nonetheless, the current legal framework does not make it clear that Member States are under such an obligation. The main argument of the article, therefore, is that the EU must adopt a more hands-on approach towards this issue. Accordingly, it is suggested that the EU legislature must make a number of amendments to the current legal regime governing this issue, which will make it clear that Member States must treat same-sex migrant couples in the same way as opposite-sex migrant couples. Moreover, the Court must make it clearif and when it is given the opportunity that the principle of mutual recognition is fully applicable in this context, and it should ensure that it interprets the current legal framework in a way that does not lead to discrimination on the ground of sexual orientation. Associate Professor in EU Law, University of Reading. 195 ARTICLES

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