The Coman Case-at the Confluence between Economic Integration and the Field of Fundamental Rights


  • Mihaela Adriana Oprescu Babes-Bolyai University


At the time it was delivered (June 5, 2018), the CJEU judgment in the Coman Case was seen as a resounding success for the movement to recognize a uniform legal status across the EU for same-sex couples.

For people without legal knowledge, the concepts of non-discrimination, tolerance, the right to family life, respectively marriage are the prevailing lexical field of this judgment. Upon careful reading, however, the judgment in question, whose reasoning is premised exclusively on the effectiveness of the right to free movement and residence on EU territory for European citizens and their family members, does not put an end to the issue of same-sex marriages.

In fact, the Coman Case is a free movement case, grafted on a matrimonial relationship. This also explains the numerous dilemmas that this decision cannot answer, regardless of whether we look at it from the perspective of economic integration or of the fundamental rights protected by the Union in its areas of competence.