The aim of this conference will be to explore the position of rainbow families (i.e. families comprised of a same-sex couple with or without children) under EU law, when they decide to exercise their EU free movement rights by moving from one EU Member State to another. The conference will begin by explaining the diﬃculties that rainbow families often face when they exercise their free movement rights: due to the fact that family law remains an area of national competence and, thus, there remain signiﬁcant diﬀerences in family law across Member States (and in the regulation of same-sex relationships) their family ties may cease to be legally recognised when rainbow families cross the EU’s internal borders. To date, the Court of Justice has been given the opportunity to rule on this matter in two cases: the Coman case (which involved the exercise of free move-ment rights by a married, same-sex, couple) and the V.M.A. case (which involved the cross-border recognition of the parent-child relationship between a child and both of her (same-sex) parents). Although the Court’s approach in both cases has been hailed as a ﬁrst, positive, step towards the equal treatment of rainbow families under EU law, a more careful reading of the rulings demonstrates that the Court’s approach has been cautious and leaves many questions unanswered. The conference will, therefore, aim to assess the current position of rainbow families under EU law (as established through these rulings), to identify gaps in protection which persist even after the delivery of these rulings, and to consider what, if any, steps may be taken in the future, in order to improve the position of rainbow families under EU law.
|15.12.2022 17:15 - 18:45
|MIS 04 Jäggi (MIS 4112)
Avenue de l'Europe 20
|Prof. Dr. Alina Tryfonidou, Neapolis University Pafos, University of Reading
|Institut für Europarecht