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'Rainbow families' – same-sex couples with or without children – still face many obstacles while exercising their free movement rights today. In a debate in the European Parliament in September 2010, then European Commissioner for Justice, Fundamental Rights and Citizenship, Viviane Reding, stated, 'Let me stress this. If you live in a legally recognised same-sex partnership, or marriage, in country A, you have the right – and this is a fundamental right – to take this status and that of your partner ...

Η παρούσα μελέτη, η οποία ανατέθηκε από το Θεματικό Τμήμα Δικαιωμάτων των Πολιτών και Συνταγματικών Υποθέσεων κατόπιν αιτήματος της επιτροπής PETI εξετάζει: i) τα εμπόδια που αντιμετωπίζουν οι οικογένειες «ουράνιο τόξο» (ζευγάρια του ίδιου φύλου, με ή χωρίς παιδιά) όταν επιχειρούν να ασκήσουν τα δικαιώματά τους σχετικά με την ελεύθερη κυκλοφορία εντός της ΕΕ, συμπεριλαμβανομένων παραδειγμάτων σε αναφορές που υποβλήθηκαν στην Επιτροπή Αναφορών· ii) τον τρόπο με τον οποίο τα κράτη μέλη της ΕΕ αντιμετωπίζουν ...

The prohibition of discrimination and the protection of human rights are important elements of the EU legal order. Nevertheless, discrimination against lesbian, gay, bisexual, transgender and intersex (LGBTI) people persists throughout the EU and takes various forms, including verbal abuse and physical violence. Sexual orientation is now recognised in EU law as grounds of discrimination. However, the scope of the provisions dealing with this issue is limited and does not cover social protection, ...

This study examines the existing (and planned) instances of enhanced cooperation (EnC), their institutional set up and state of play. Our analysis is at this point of time limited to the one EnC case with sufficient implementation record (EnC in divorce law, applied for more than six years to date). The remaining cases either began very recently (PESCO in late 2017); are in the preparatory stages (EPPO); are set to start in the near future (2019 for EnC in property regime rules); have not as yet ...

This study, commissioned by the European Parliament’s Policy Department for Citizens’ Rights and Constitutional Affairs at the request of the Committee on Constitutional Affairs, examines – against a historical backdrop – the legal provisions governing Enhanced Cooperation as well as the so far very limited number of implemented Enhanced Cooperation initiatives. Based on these insights, concrete ideas are formulated on how to optimise this ‘standardised and generalised framework’ of differentiated ...

The prohibition of discrimination and the protection of human rights are important elements of the EU legal order. Nevertheless, discrimination against lesbian, gay, bisexual, transgender and intersex (LGBTI) persons persists throughout the EU, taking various forms including verbal abuse and physical violence. Sexual orientation is now recognised in EU law as a ground of discrimination. However, the scope of these provisions is limited and does not cover social protection, healthcare, education and ...

The prohibition of discrimination and the protection of human rights are important elements of the EU legal order. Nevertheless, discrimination against lesbian, gay, bisexual, transgender and intersex (LGBTI) persons persists throughout the EU, taking various forms including verbal abuse and physical violence. Sexual orientation is now recognised in EU law as a ground of discrimination. However, the scope of these provisions is limited and does not cover social protection, healthcare, education and ...

The prohibition of discrimination and the protection of human rights are important elements of the EU legal order. Nevertheless, discrimination against lesbian, gay, bisexual, transgender and intersex (LGBTI) persons persists throughout the EU, taking various forms including verbal abuse and physical violence. Sexual orientation is now recognised in EU law as a ground of discrimination. However, the scope of these provisions is limited and does not cover social protection, healthcare, education and ...

Property rights for Europe's international couples

Εν συντομία 05-09-2013

There are approximately 16 million international couples (either of different nationalities and/or living abroad) in the EU. They face legal difficulties and high procedural costs due to uncertainties over which national laws apply to their property. This is particularly the case when one of them dies, or when a couple separates (around 650 000 cases per year).

This note provides an objective analysis of the property law aspects of living together in situations where the relationship has connections with more than one EU Member State. The analysis focuses on couples, whether opposite-sex or same-sex relationships, living together either in the form of a marriage, a registered partnership or who de facto live together. The note identifies main problems related to the matrimonial property regimes and patrimonial aspects of other forms of union with a cross-border ...