Source: European Parliament
Question for written answer E-001135/2025
to the Commission
Rule 144
Carolina Morace (The Left)
In Italy, civil partnerships are recognised under Law No 76/2016 which, however, draws a distinction between them and marriage. Spain, on the other hand, has had marriage equality since 2005 but Italian civil partnerships are not equivalent to marriage.
A couple of Italian citizens who have moved to Spain therefore find themselves forced to dissolve a civil partnership contracted in Italy to be able to marry and obtain full legal recognition of their rights in their new country of residence. This case highlights the lack of regulatory harmonisation in the EU, which can have significant consequences in terms of assets, inheritance and family rights, and create concrete obstacles to the exercise of the right to free movement enshrined in Article 21 of the Treaty on the Functioning of the European Union (TFEU).
Can the Commission say:
- 1.Whether it believes the failure to recognise civil unions between Member States to be in breach of the principles of non-discrimination and freedom of movement?
- 2.Whether it intends to propose measures to ensure the mutual recognition of same-sex civil partnerships and marriages throughout the EU.
- 3.What it intends to do to prevent LGBTQIA+ couples from being forced to dissolve a civil partnership in order to obtain legal recognition in another Member State.
Submitted: 18.3.2025