Proposed legislation on the Government’s agenda: same-sex marriage certificates from European Union countries will be acknowledged in Romania without requiring entry into the Romanian civil status records.

The Government has on its agenda a draft law that modifies the regime for foreigners so that the marriage certificate between persons of the same sex concluded in a European Union country will be recognised in Romania without the need for transcription in the Romanian civil status registers. The government’s initiative comes five years after the European Court of Justice ruling. The CJEU ruled in June 2018 that Romania must recognize the freedom of residence on its territory of family members, which includes same-sex spouses. This obligation does not mean that the state must also legalize same-sex marriages.

Examining also the above-mentioned CJEU judgment, the Constitutional Court of Romania admitted the exception of unconstitutionality of the provisions of Article 277(2) and (4) of the Civil Code, finding that they are constitutional insofar as they allow the right of residence on the territory of the Romanian state, under the conditions stipulated by European law, to spouses – citizens of Member States of the European Union and/or citizens of third countries – from same-sex marriages concluded or contracted in a Member State of the European Union.

„The removal of the requirement of transcription for a specific purpose does not constitute recognition on Romanian territory of the effects of marriages concluded between persons of the same sex, as the Member States of the European Union have the sovereign right to decide whether or not to allow the conclusion of such marriages on their territory or to recognize, on their own territory, the effects of such marriages concluded in other Member States,” the government’s explanatory memorandum states.

On the other hand, the European Court of Human Rights (ECHR) admitted in May the complaint lodged by the ACCEPT Association and 21 families against the Romanian State alleging violation of Article 8 of the ECHR Convention, „the right to respect for private and family life” in the case of Buhuceanu and others vs Romania. The judgment comes 4 years after 42 people sued the Romanian state for lack of recognition and legal protection for their families.

The ruling obliges Romania to adopt legislation recognizing and protecting same-sex couples.

The Ministry of Foreign Affairs has announced that it has challenged the ECHR decision. The Foreign Ministry’s challenge comes as Romania signed a joint statement in July in support of the LGBTQ+ community in Hungary for the Budapest Pride march, which took place in a climate of tension over the Orban government’s policies. The statement was published by the US Embassy in Budapest, and the Romanian Embassy is on the list of signatories.