STIPREJANTIS TOS PACIOS LYTIES ASMENU ŠEIMINIU SANTYKIU TEISINIS PRIPAŽINIMAS EUROPOJE
INCREASING LEGAL RECOGNITION OF SAME~SEX COUPLES IN EUROPE

Summary/Abstract: The article analyses recent trends in permitting and recognizing same-sex marriages and partnerships in Europe. The main purpose of the paper is to carry out a legal analysis and to identify the extent to which recognition of same-sex couples is reflected in the evolving case law of the ECtHR and the CJEU, as well as national constitutional or supreme courts. The paper is structured into two parts. The first part discusses whether European countries are obliged to introduce same-sex marriages or partnerships in their national law. For this purpose, the author examines the EU Member States’ commitments set by the Council of Europe and the EU as stated in law and as interpreted by the ECtHR and the CJEU. Then, the focus is shiqed to the national constitutional jurisprudence (including Italian, Spanish, Portuguese and Austrian courts). Interplay between judicial and legislative powers when fostering recognition of family relations of same-sex couples is highlighted. In the second part, a considerable attention is given to the question of legal recognition of same-sex marriages and partnerships concluded abroad. Again, the case law of the EctHR and the CJEU is scrutinised. Later, the author turns her attention to recent decisions of Romanian and Lithuanian constitutional courts where migration rights (residence rights) of same-sex spouses were at stake. The author notes that both courts have coherently followed the CJEU ruling in Coman case and have both confirmed (even though modestly) the need for a more extensive recognition of same sex relations beyond mere residence rights.

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