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  • 7 - The Status of Family Member as a Pre-condition of the Free Movement in the EU

  • from Part II - The EU Family and Rights
  • Edited by Marja-Liisa Öberg, Lund University, Alina Tryfonidou, University of Cyprus
  • Book:
    The Family in EU Law
    Published online:
    12 December 2024
    Print publication:
    19 December 2024, pp 118-129
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  • Summary

    This chapter offers an elaborate analysis of three recent cases by the Court of Justice of the EU in the context of EU free movement law. The cases deal with the questions of whether and to what extent the EU Member States are obliged to accept a family status created abroad even when it is incompatible with their own family law (such as same-sex marriage and same-sex parenthood) or is a status totally unknown in their legal system (such as the Islamic kafala). The chapter argues that the main approach chosen by the Court regarding same-sex marriage and same-sex parenthood created abroad, obliging the Member States to recognise them for the purpose of free movement only, may give rise to practical problems.