Romania’s Steps Toward Recognizing EU Same-Sex Marriages Await Parliamentary Approval
Government Endorses Draft Law Amidst Legal Pressures
The Romanian government has recently greenlit a draft law poised to legally recognize same-sex marriages conducted in any European Union country as valid within Romania. Awaiting a decisive vote in parliament, this legislative development emerges five years following a judgment by the Court of Justice of the European Union (CJEU) against Romania, in addition to several related lawsuits.
Advocacy Groups Push for Comprehensive Equality
Despite this advancement, Florina Presada, the head of ACCEPT, a leading organization championing LGBTQ+ rights in Romania, argues that the bill doesn’t go far enough in ensuring full equality. According to Presada, the legislation stops short of fully acknowledging same-sex partners as spouses, thus not fully aligning with the expectations set by international and national legal precedents regarding same-sex marriage.
CJEU Ruling on Residency Rights for Same-Sex Couples
In a landmark decision in June 2018, the Court of Justice of the European Union (CJEU) ruled that Romania is obligated to acknowledge the residency rights of same-sex spouses. This directive necessitated that Romania recognize marriage certificates of Romanian citizens who are in same-sex marriages conducted in other EU countries, eliminating the requirement for these certificates to be officially transcribed into Romania’s civil status registry. However, it’s important to note that this ruling did not extend to mandating Romania to legalize same-sex marriages within its own borders.
ECHR’s Verdict on Romania’s Stance on Same-Sex Marriages
Moreover, in May, the European Court of Human Rights (ECHR) found that Romania’s stance of not legalizing same-sex marriages or civil partnerships was in violation of the right to respect for private and family life, as outlined in the European Convention on Human Rights. This verdict came about following a formal complaint lodged by the ACCEPT association along with 21 families against the Romanian government.
Consequences of Ignoring EU Directives
Romania’s Interior Ministry emphasized the importance of adhering to these EU directives, highlighting the risk of financial penalties. Failure to comply could trigger infringement procedures, potentially leading to significant fines levied by the European court.
Potential Roadblocks Ahead for the Legislation
The proposed bill is now poised for a crucial parliamentary vote. However, there is concern over possible delays in passing the law. Presada cites historical instances where similar legislation regarding civil partnerships has stalled for extended periods. As a result, the future effectiveness and impact of this legislation in fully recognizing same-sex marriages in Romania remain in a state of uncertainty.
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