Married couples, domestic partnerships and other types of cohabitation : a comparative perspective

Abstract

The essay examines the most significant regulations of married couples, domestic partnerships and other types of cohabitation in the Member States of the European Union. Some Member States of the European Union, such as Italy, have a special legislation in favor of married couples. Other Countries are taking legal action aimed at aligning the regulations for opposite-sex and same-sex domestic partnerships with those provisions intended for married couples. The author examines the legislation of states that allow homosexual couples to enter an institution defined as marriage and underlines that the introduction of such legislation comes as a result of terminological manipulation. The analysis is also directed to those states that have introduced public recognition for non-married couples based on the conclusion of partnership agreements following the French example of the so called Pacs. The essay is critical towards such legislation and underlines the reasons for which non-married couples cannot legitimately be given the same treatment and benefits attributed to families founded on marriage because of its unique role in society. These conclusions are supported by an enquiry into the development of European Community Law and an analysis of the jurisprudence of the Court of Justice of the European Union.