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CIVIL PARTNERSHIPS: THE EU FRAMEWORK FOR CROSS-BORDER COUPLES AND THE RECENT LEGISLATIVE REFORM IN THE UK

R. Garetto

First published: 2019https://doi.org/10.5593/SWS.ISCSS.2019.1/S02.010View metrics

Abstract

The EU Regulation 2016/1004, entered into force on 29th January 2019, regulates the property consequences of cross-border couples in registered partnerships and recognizes to the partners the same rights of married couples. Registered partnerships initially originated often for the legal recognition of same-sex couples, as the European Court of Human Rights required countries to ensure them specific rights, but not necessarily to recognize same-sex marriage. As a result, nowadays we have a complex taxonomy of legally-recognized couples in Europe. After legalizing same-sex marriages, some states abolished registered partnerships, but most of them conserved both. Early this year, England and Wales approved the Civil Partnerships, Marriages and Deaths (Registration Etc.) Act, which solved a legal problem: after the legalization of same-sex marriage in 2014, same-sex couples, in fact, could decide to marry or to enter a civil partnership, while an opposite-sex couple only had one chance, marriage. Overcoming this legal anomaly is especially important for foreign, opposite-sex couples that entered in a registered partnership in their own country, and then moved to England or Wales. On the other hand, it introduced the risk of limping the status of registered partnerships in countries that abolished, or never adopted, registered partnerships. The autonomy of the parties recognized by the EU Regulation 2016/1004 to cross-border couples entered in registered partnerships can avoid the risk of a legal vacuum in the field of the property consequences.

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Publication details

Title
CIVIL PARTNERSHIPS: THE EU FRAMEWORK FOR CROSS-BORDER COUPLES AND THE RECENT LEGISLATIVE REFORM IN THE UK
Authors
R. Garetto
Proceedings
6th SWS International Scientific Conference on Social Sciences ISCSS 2019
Publisher
STEF92 Technology
Year
2019
Pages
65-70
SWS Citekey
Garetto201926570
ISSN
2682-9959
ISBN
978-619-7408-91-1
Language
en
Publication type
Proceedings Paper
Keywords
Registered partnershipcross-border couplesame-sex marriageproperty regimelimping status
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