TY - JOUR
TI - The importance of the judgment of June 5, 2018 in Coman and Others v Romania, C-673/16 for the jurisprudence of the Court of Justice of the European Union on the rights of persons in same-sex relationships
AU - Puto, Małgorzata
TI - The importance of the judgment of June 5, 2018 in Coman and Others v Romania, C-673/16 for the jurisprudence of the Court of Justice of the European Union on the rights of persons in same-sex relationships
AB - 
	The Court of Justice of the European Union is gradually expanding its jurisdiction at the expense of the competences of the Member States of EU. However, some of them oppose this, since they perceive it as the CJEU interfering with their authority. Nonetheless, even in matters of their exclusive competence, member states are obliged to adhere to a pro-EU interpretation of their domestic law. The judgment of the CJEU in the Coman case is an example of that – although the case indirectly con-cerns the regulation of civil status, which is the competence of national authorities, Member States must also apply EU juris-prudence when creating and implementing the law in that regard. The article also points to several possible risks discussed in the doctrine which are connected with the Coman judgment, such as reverse discrimination or the risk of a slippery slope. The author identified the role of the judgment and its importance for the jurisprudence on the rights of persons in same-sex relationships.
VL - 2022
IS - 1 (30)
PY - 2022
SN - 2392-1943
C1 - 2720-3670
SP - 42
EP - 51
DO - 10.4467/23921943RP.22.004.15806
UR - https://ejournals.eu/en/journal/radca-prawny/article/znaczenie-wyroku-z-5-czerwca-2018-r-w-sprawie-coman-i-inni-p-rumunii-c-673-16-dla-linii-orzeczniczej-trybunal-sprawiedliwosci-unii-europejskiej-w-zakresie-praw-osob-w-zwiazkach-jednoplciowych
KW - same-sex marriage
KW - free movement of persons
KW - reverse discrimination
KW - spouse
KW - Directive 2004/38
KW - Coman