The European Union And The Same Gender Relationship – A Legal View

  • Abstract:

    The paper intends to address the following questioning: what is the current legal treatment given by the European Union law to the same gender relationships and if there is a reglementation’s need to the theme. Considering the European citizens mobility, the European Union foundation on the free movement, the values of non-discrimination and respect for privacy, it is paradoxical the situation that exists in some countries that treat the topic in such different legal positions. This scenario leads to the impossibility to uniformly exercise the individual rights in the EU for those part of a same sex relationship. Alternatives were created as the possibility to establish registered partnerships instead of marriage, but even so a discrimination situation occurs, because these are different institutes that do not predict the same legal effects. In the first chapter will be analyzed the homosexual relationship’s legal differences, including a contextualization about how some countries treat, on their national law, the marriage and the registered partnership of a homosexual relationships. In fact, some countries recognize the homosexual marriage, other only the registered partnership, while some allow the option between one of them. Besides that, some even do not recognize any of that possibility. In view of this divergence, will be analyzed what are the possible difficulties resulting from this situation, as when some cross-border elements occurs. The problem is evident when a couple intends to fix their residence in a country that doesn’t recognize the marriage, or that changes its configuration to a registered partnership. In the second part of the paper, we’ll analyze if and how the theme is treated on a regional scope, especially the regulations, treats, conventions and some European Court’s decisions to conclude if there is enough legal treatment of the topic and what are the possibilities for adjustment.