ECJ advises that civil partnership alone does not grant EU residence rights

Advocate General Laila Medina delivered a non-binding opinion to the European Court of Justice, clarifying that a civil partnership with an EU citizen does not, by itself, guarantee the right to reside in another EU country. The opinion was prompted by a Romanian appellate court’s query about a British woman whose partner, an EU citizen, lives in Romania, while their partnership was registered in Italy because Romania does not recognize same-sex marriage.

Medina highlighted the disparity faced by gay couples compared with opposite-sex couples and referenced a 2025 ECJ ruling that required Poland to acknowledge same-sex marriages performed abroad. However, she distinguished one outlet case, noting the couple never lived together in Italy, and stressed that EU law safeguards family life already established, not future arrangements. The opinion will inform the Court’s final, binding decision.