LOS MATRIMONIOS ENTRE PERSONAS DEL MISMO SEXO EN LA UNIÓN EUROPEA.

Abstract

Certain Member States of the EU admit the possibility of same-sex marriages. There is a widespread trend toward applying to such unions the law of the Member State permitting them (lex magistratus). This trend, which is in tune with jus connubi, presents problems when the spouses set up house in other Member States that do not admit samesex marriages and there they wish to «enforce» their marriage, which was validly performed in another Member State. The rule of mutual recognition of legal situations can help protect the free movement of persons in the EU, a fundamental right stated right in article 18 of the Treaty establishing the European Community.