Romania: ICJ intervenes in case about residence permit on the basis of same-sex marriage

Europe and Central Asia
Issue: Sexual Orientation and Gender Identity
Document Type: Legal Submission
Date: 2016

In April and July this year, the ICJ and four other NGOs filed two sets of written submissions with the Constitutional Court of Romania in the case of Coman Relu Adrian, Hamilton Robert Clabourn and Association Accept v. General Inspectorate for Immigration and Ministry of Home Affairs.

The case concerns the Romanian authorities’ refusal to recognize either de facto or de jure the same-sex marriages of migrant EU citizens with third-country nationals.

In their original original third-party intervention of April 2016, the ICJ, the AIRE Centre, ECSOL, FIDH and ILGA-EUROPE argued that such refusal violates relevant EU law and the European Convention on Human Rights.

In their supplementary intervention, filed in July 2016, the five NGOs made additional written submissions to the Constitutional Court of Romanian in light of the judgment by the European Court of Human Rights in the case of Taddeucci and McCall v. Italy of 30 June 2016.

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