Implementation of the Coman ruling
9.9.2021
Question for written answer E-004160/2021
to the Commission
Rule 138
Sophia in 't Veld (Renew), Moritz Körner (Renew), Karen Melchior (Renew), Pierre Karleskind (Renew), Liesje Schreinemacher (Renew), Karin Karlsbro (Renew), Irène Tolleret (Renew), Nicolae Ştefănuță (Renew), Ramona Strugariu (Renew)
In June 2018, the Court of Justice of the European Union (CJEU) issued the Coman judgment, recognising that same‑sex spouses are also spouses under EU freedom of movement laws. In line with this judgment, the right to family life of same‑sex couples was reaffirmed by the Constitutional Court of Romania in July 2018. Yet not all Member State authorities implement the judgment in national legislation and in specific cases. Together with Romanian LGBTI organisation ACCEPT, the Coman-Hamilton couple turned to the European Court of Human Rights to address this failure to implement the CJEU judgment. An official complaint (CHAP(2019)3147) was also submitted to the Commission regarding a similar case. One partner in that case was threatened with deportation.
- 1.Does the Commission consider that this ruling is being properly implemented by the Member States and if not, how will it make sure that the Member States will do so, in particular Romania?
- 2.What time frame does it consider appropriate to implement a ruling in national law and has this time frame been respected in this case?
- 3.Does it agree that enforcement of CJEU case law is not a private matter but a duty of the Commission in accordance with the rule of law?