LGBT Community and Their Rights within EU

Abstract

The European Union (EU) has recently become more active in the area of rainbow family rights. This article examines what influence EU activities can have within the Member States. In particular, it examines relevant legislative materials as well as national courts' case-law. Finally, the article discusses several salient court decisions in more detail to show the reluctance, or possibly incompetence, with which some courts approach EU law when dealing with samesex families' rights. The example presented in detail in this article shows that the practical influence of EU law on rainbow families in the individual Member States should not be overestimated.