The decision of the Court of Justice of the EU: the Member State of which the minor is a national “is obliged” to issue him an identity card or a passport to allow the exercise of the rights recognized at Community level
BRUSSELS. A parent is always a parent, a child is always a child, and for citizens of the European Union there is always the right of free movement. The Court of Justice of the EU enshrines the principle of equality, stating that even minors who are dependent on gay couples must be included in the same legal parameter as anyone else.
The principle enshrined in the Luxembourg courts is that in the case of a European citizen whose birth designates two persons of the same sex as his parents, the Member State of which the minor is a national “is obliged” to issue him with an identity card or passport to allow the exercise of rights recognized at Community level.
The story behind the ruling of the Court of Justice of the EU is the not new one of gay marriages and the concept of family, on which conscience and politics are still divided. Two women, one of whom is Bulgarian, are married and live in Spain. The Bulgarian citizen wanted a Bulgarian identity document for her daughter, and from Sofia they demanded proof of the biological identity of the mother who, believing she did not have to provide it, refused to present the requested documentation. Result: the Bulgarian authorities have not issued any documents for the couple’s daughter.
The question, seen from a legal point of view, focuses on the protection of the minor and on the concept of European citizenship. For these reasons it is believed that being the little daughter of a Bulgarian citizen, Bulgaria on the one hand “is required to issue an identity card or passport, without requiring the prior issuance of a birth certificate”, and at the same time to recognize, “like any other Member State”, the document issued by the host Member State (in this specific case Spain) in order to be able to move freely in the EU territory.
The issuance of an identity document is considered essential, according to European regulations, to be able to satisfy one of the four fundamental freedoms, in this case that of the movement of persons. A requirement that applies to everyone. Here there are no A and B families. A European citizen is always a European citizen. It is true that the status of persons falls within the competence of the Member States, but at the same time “it is contrary to fundamental rights” to deprive the child of the relationship with one of his parents in the context of the exercise of his right to free movement or “to make him impossible or excessively difficult to exercise this right due to the fact that his parents are of the same sex “. It is a legal matter. Faced with political-cultural doubts, legal certainty arrives.
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