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oai:verfassungsblog.de/34770 2018-06-11T09:09:01Z posts

http://dx.doi.org/10.17176/20180611-100057-0 https://verfassungsblog.de/is-the-reasoning-in-coman-as-good-as-the-result/ Is the Reasoning in “Coman” as Good as the Result? van den Brink, Martijn eng 2018-06-10 electronic resource text/html ddc:342 Coman Discrimination Same Sex Marriage Verfassungsblog Verfassungsblog--2366-7044 CC BY-NC-ND 4.0 The Court of Justice of the European Union has not always enjoyed the reputation of being particularly LGBT-friendly, but its standing among those pushing for the better protection of rights of same-sex couples is likely to have improved considerably following Coman. While I agree with the substantive result of the decision, I am uncertain if the CJEU’s reasoning is equally convincing. My two main points of critique concern the interpretative techniques applied and the relationship between national identity and fundamental rights.