The legal framework
Marriage is a national competence: age, banns and impediments remain domestic. The Union intervenes in two ways. Directive 2004/38/EC gives the spouse of a Union citizen, whatever their nationality, the right to reside with them in another member state. Regulation (EU) 2019/1111 provides for automatic recognition of judgments on matrimonial status. In Coman (2018) the Court of Justice held that spouse includes a same-sex spouse for the purposes of residence rights.
Regulation (EU) 2016/1191 abolished the apostille and sworn translation for civil status documents circulating between member states: a multilingual standard form accompanies the original and suffices.
Coman does not oblige a state to open marriage to same-sex couples: it only requires recognition of a marriage celebrated elsewhere so that the spouse may reside.
Key points
| Conditions of marriage | Remain national; the Union does not harmonise them |
|---|---|
| Spouse's residence | Directive 2004/38/EC, whatever the nationality |
| Recognition | Regulation (EU) 2019/1111 for matrimonial judgments |
| Coman judgment | A same-sex spouse is a spouse for residence rights (2018) |
| Formalities | Regulation (EU) 2016/1191: no apostille for civil status documents between member states |
In practice
- Check first what kind of instrument it is: a regulation applies directly, a directive must be transposed and leaves differences between states.
- Consult the consolidated version on EUR-Lex, which incorporates every amendment.
- Identify the national transposing statute: that is what a court will actually apply.
- Where the meaning is disputed, look for Court of Justice judgments on the point.
- For a cross-border dispute, check whether a national contact point or a European network can help.
Cost and coverage
Consulting Union law costs nothing: EUR-Lex publishes every text free of charge, in twenty-four official languages and in consolidated form. Any cost lies in legal advice, where the interaction between the European text and the national transposing statute becomes decisive — common with directives, rare with regulations.
Where to go
- EUR-Lex, the official portal of Union law, publishing every text in twenty-four languages
- The European e-Justice Portal, for cross-border procedures
- Your Europe, the Commission's information service for citizens
- SOLVIT, the network that resolves misapplication of Union law by an administration
- The European Consumer Centre in your country, for cross-border consumer disputes
Worth knowing
Do not confuse the European Union with the Council of Europe: the European Convention on Human Rights and the Strasbourg Court are not EU bodies and cover forty-six states, including Switzerland and the United Kingdom.
Frequently asked questions
Does the Union set marriage conditions?
No. Age, impediments and procedure remain national.
Can my non-EU spouse join me?
Yes, Directive 2004/38/EC gives them a right of residence in the member state where you settle.
Is a same-sex marriage recognised everywhere?
Not as a marriage in every state, but Coman requires each to recognise the spouse for residence purposes.
Do I need an apostille for a birth certificate?
Not between member states, since Regulation (EU) 2016/1191 and its multilingual form.
Official sources and links
- UN Human Rights Office — ratified treaties and country reviews
- ILO NATLEX — national legislation database