Local view for "http://purl.org/linkedpolitics/eu/plenary/2002-10-22-Speech-2-180"
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"en.20021022.7.2-180"2
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".
Mr President, ladies and gentlemen, Mrs Izquierdo Rojo raises the issue of the rejection of an application for a residence visa submitted by an Argentinean citizen on the grounds of family reunification in Spain with his Spanish same-sex partner. Mrs Izquierdo Rojo considers this rejection to be discriminatory on the grounds of sexual orientation.
Family reunification of citizens of the Union not covered by Community law in the field of free movement and residence, as in this case, is not yet the subject of a Community instrument and remains subject to the national law of each Member State. A refusal to grant the residence visa must be contested before the competent national authorities. Article 63(3)(a) of the Treaty stipulates that the Council shall take steps in the field of conditions of entry and residence, as well as standards concerning the procedures for issue of visas and long-term residence permits by the Member States, including for the purposes of family reunification.
Family reunification measures must be adopted in accordance with the obligation to protect family life and the prohibition of discrimination.
In its amended proposal for a Council directive on family reunification, the Commission, at the request of the Council, removed the provision designed to bring the family reunification of EU citizens’ family members, when said citizens are resident in a Member State of which they are a national and have not exercised their right to free movement, into line with the family reunification of EU citizens’ family members where said citizens have exercised their right to free movement. The situation of these people will therefore be addressed in a specific proposal at a later date.
Community legislation currently in force in the field of free movement and residence of EU citizens and members of their families provides for the family reunification of spouses, but not unmarried partners. In order to take account of the rapid evolution of the family unit in society and recognition in some Member States of special legal status for unmarried couples, as well as the need to eliminate, as far as possible, discrimination against unmarried partners of both sexes, the proposal for a directive on the right of EU citizens and members of their families to move and reside freely within the territory of the Member States, adopted by the Commission on 23 May 2001, extends the right to family reunification to unmarried partners where the legislation of the host Member State likens the situation of unmarried couples to that of married couples, in accordance with the conditions laid down by this legislation."@en1
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