2023
Cristina-Mihaela NICOLESCU, Associate Professor. Faculty of Law, University of Bucharest, Daniela-Anca DETEȘEANU, Associate Professor, Faculty of Law, University of Bucharest, The surprise of an unsurprising jurisprudence: the ECHR case Buhuceanu and others v. Romania (May 23, 2023), from the perspective of Romanian domestic law
DOI: https://www.doi.org/10.31178/AUBD/2023.06
Abstract: Using a dynamic and evolutive interpretation, the European Court of Human Rights drew new dimensions for the protection and the legal recognition of same-sex unions, extending the effect of such protection, through the right to a family life. Paying tribute to a conservative vision with respect to the family models, outside marriage between a man and a woman, the Romanian Civil Code does not allow any other form of union/registered partnership, either between different-sex persons, or same-sex persons. Even if, from European Court of Human Rights’ case-law could have been extracted a positive obligation of the State-parties to enact legislation in this respect, the Romanian State proved unable to get rid of its inertia and opacity and adequately react through its legislation, configuring some normative formulae able to ensure the legal recognition and a minimal protection to the same-sex couples.The judgement Buhuceanu and others c. Romania (with a totally unsurprising solution decided by the Strasbourg court) comes to dislocate stoned local mentalities, practically forcing the adoption of the necessary changes to anchor the Romanian legislation to the European standards and exigencies - a road of no return.
Key-words: family life; same-sex couples; legal recognition; positive obligations; sexual orientation; non-discrimination
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