Source: European Parliament
The free movement acquis provides for the compulsory recognition of partnerships for the exercise of the rights derived from EU law.
If the registered partnership is recognised by the host Member State as equivalent to marriage, the partner of the mobile EU citizen falls under the definition of core family member[1].
If not, the partner can be considered as an extended family member if the partnership is durable[2]. Since Directive 2004/38/EC on free movement[3] is gender-neutral, the recognition obligation applies to both same-sex and opposite-sex partnerships.
Substantive family law, including rules on the definition of marriage and registered partnership, falls within the competence of the Member States.
The obligation to recognise a marriage or a partnership is currently, under EU law, limited to the recognition for the exercise of the rights derived from EU law.
The EU has not adopted rules on the recognition of marriage or registered partnerships for the purposes of rights derived from national law (such as maintenance, property regimes and succession). This recognition is currently governed by the national law of each Member State.
However, the EU has adopted gender-neutral instruments on family law with cross-border implications and succession that apply to all couples, including same-sex couples[4]. These instruments aim to facilitate Member States’ recognition of each other’s judgments on these matters.
Whether a partnership must be dissolved before a marriage can be concluded is not a matter covered by EU law. It is for the Member States to provide their own legislation.
In the specific situation referred to in the question, the obligation to dissolve the registered partnership may not depend on whether the couple is of same or opposite sex.
- [1] According to Article 2(2)(b) of Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States, OJ 30.04.2204, L 158, p. 77.
- [2] Article 3(2)(b) of Directive 2004/38/EC.
- [3] Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States, OJ 30.04.2204, L 158, p. 77 https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32004L0038.
- [4] Council Regulation (EU) 2019/1111 of 25 June 2019 on jurisdiction, the recognition and enforcement of decisions in matrimonial matters and the matters of parental responsibility, and on international child abduction, OJ, L 178, 02/07/2019, p. 1; Council Regulation (EC) No 4/2009 of 18 December 2008 on jurisdiction, applicable law, recognition and enforcement of decisions and cooperation in matters relating to maintenance obligations, OJ L 7, 10/01/2009, p. 1-79; Council Regulation (EU) 2016/1104 of 24 June 2016 implementing enhanced cooperation in the area of jurisdiction, applicable law and the recognition and enforcement of decisions in matters of the property consequences of registered partnerships, OJ L 183, 8.7.2016, p. 30-56; Regulation (EU) No 650/2012 of the European Parliament and of the Council of 4 July 2012 on jurisdiction, applicable law, recognition and enforcement of decisions and acceptance and enforcement of authentic instruments in matters of succession and on the creation of a European Certificate of Succession, OJ L 201, 27.7.2012, p. 107-134.