THE ILLUSION OF THE EQUAL RIGHT TO MARRY: THE EUROPEAN UNION PROTECTING THE FUNDAMENTAL RIGHTS OF CITIZENS IN THE CONTEXT OF THE EU INTERNAL MARKET

In Coman and Others v. Romania case, The European Court of Justice by request of Romanian Constitutional Court was tasked to determine whether the term spouse includes Homosexual married couples for the purposes of EU free movement Directive 2004/38. In June 2018, The European Court of Justice has held that the term “Spouse” within the meaning of EU law with regard the freedom of residency of EU citizens and their family members includes Homosexual spouses. This Court ruling has been considered as great victory for homosexual couples striving to achieve equal rights in marriage. Yet celebration of illusionary marriage equality is exaggerated.