The legal framework
Regulation (EU) 2016/1104, applicable since 29 January 2019 in the states taking part in the enhanced cooperation, determines the law applicable to the property consequences of registered partnerships. Absent a choice, it is the law of the state under whose law the partnership was created. Partners may choose the law of their residence, of their nationality or of the state of registration. The existence of the institution itself remains national, and several states do not have it.
The default connection to the state of registration is logical: without it, a partnership created in a state that recognises it could be governed by a law that does not.
The Regulation governs property consequences only. It does not oblige any state to create a registered partnership or to treat one concluded elsewhere as equivalent to marriage.
Key points
| Instrument | Regulation (EU) 2016/1104, applicable since 29 January 2019 |
|---|---|
| Default law | That of the state where the partnership was registered |
| Choice | Residence, nationality or state of registration |
| Existence | The institution itself remains a national matter |
| Limit | Several states have no registered partnership |
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
Which law governs our partnership?
The one you chose; failing that, the law of the state where it was registered.
Does it force recognition of the partnership?
No. It deals with property consequences; existence and recognition remain national matters.
Can we choose another law?
Yes: habitual residence, the nationality of either partner, or the state of registration.
Are all member states bound?
No, only those taking part in the enhanced cooperation.
Official sources and links
- UN Human Rights Office — ratified treaties and country reviews
- ILO NATLEX — national legislation database