Gay and lesbian couples who have legal same-sex marriages or unions are being denied their rights to move and reside freely within the EU.

Yesterday the European Commission adopted a report on the application of Directive 2004/38 on the right of EU citizens and their family members to move and reside freely within the territory of the Member States.

The Directive lays down simple administrative formalities and gives to EU citizens and their families a right of permanent residence after five years of residence in the host Member State.

The Directive also extends family reunification rights to registered partners under certain conditions.

Commission Vice-President Jacques Barrot, Commissioner for Justice, Freedom and Security, said:

“Free movement of persons constitutes one of the fundamental freedoms of the internal market, to the benefit of EU citizens, of the Member States and of the competitiveness of European economy.

 See Same-sex couples denied EU right to freedom of movement

BRUSSELS – The majority of EU states, including the Republic of Ireland, deny same-sex partners of EU citizens the full right to move to join them as they do not recognise homosexual unions, the European Commission said yesterday.

“If a union is recognised in one member state, then another member should in principle accept that union,” justice commissioner Jacques Barrot told a news conference. EU citizens have the right to live in any of the union’s 27 states with their family but that does not apply in all states to the registered partners of homosexual citizens.

 See Ireland among 14 states that restrict rights of gay partners
Irish Times, Ireland