Same Sex Unions of Life in the Practice of the European Court of Justice

Abstract

In several cases the the European Court of Justice (ECJ) interpreted the provisions of the Agreement on the European Community in terms of homosexual rights. The practice of the ECJ in the last five years (2008-2013) shows the tendency to expand the rights of homosexual persons. The paper brings the analysis of four decision of the ECJ in the cases where it decided on the issue of discrimination on grounds of sexual orientation. In the first two verdicts, the Court refused to compare marriage and common-law marriage to the same-sex union of life, thus limiting same-sex partners to achieve certain rights. In other two cases the Court made step forward and compared marriage and same-sex union of life but only if both, marriage and same-sex union of life are regulated by national law.