Articles for tag: C-713/23, Coman, Mirin, Recognition of same-sex marriage, The Opinion of AG de la Tour, Wojewoda Mazowiecki

(de) la Tour fait le cavalier

On 3 April 2025, AG de la Tour handed down his Opinion in C-713/23, Wojewoda Mazowiecki, a case concerning the recognition and transcription of same-sex marriage contracted in another Member State between two nationals of the State where recognition was sought. The Opinion states that Member States where same-sex marriage is not permitted must recognise a family bond lawfully established in another Member State. Yet, akin to a knight’s leap in chess, the Opinion sidestepped the question of marriage transcription with a reasoning that does not seem entirely convincing.

25. April 2025

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Is the Reasoning in „Coman“ as Good as the Result?

The Court of Justice of the European Union has not always enjoyed the reputation of being particularly LGBT-friendly, but its standing among those pushing for the better protection of rights of same-sex couples is likely to have improved considerably following Coman. While I agree with the substantive result of the decision, I am uncertain if the CJEU’s reasoning is equally convincing. My two main points of critique concern the interpretative techniques applied and the relationship between national identity and fundamental rights.

10. Juni 2018

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