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On June 10th in Sofia, the next pride for homobaduals was held. IMAGE: Jordan Simeonov
Allows the Australian to live with us French with whom gets married
For the first time, a Bulgarian court ruled in favor of gay marriage of the law of the European Union
By a decision of June 29, 2018, the administrative court of Sofia authorized an Australian to live with us with a French
The opinion is not definitive and may be subject to appeal to the Supreme Administrative Court
The case arose in a complaint filed by Christina Palma of Australia against the direction of Migration from the Ministry of the Interior who refused to give him the right to stay at home with his partner – French Miriam. As a citizen of the EU, she does not need such a license.
The two are married in France on June 1, 2016 and live in de facto cohabitation for 12 years. In Bulgaria they came several times, have a house near Rousse, their desire was to settle permanently in our country. Christina arrives in Bulgaria on November 9, 2017.
The Australian filed an application with the Directorate of Migration at the Ministry of the Interior on November 30. She states that she wishes to obtain a right of permanent or permanent residence in Bulgaria. It refers to a European directive of 29 April 2004 stipulating that EU citizens and members of their families move freely and reside on the territory of the Member States
The Ministry of the Interior authorizes Christina to remain in Bulgaria December However, she refuses her permanent residence with the argument that in Bulgaria homobadual marriages are not allowed by the constitution.
The Administrative Court considers that Union law does not permit a Member State to deny a third-country national married to a citizen of the Union the right to reside on his or her its territory on the ground that it was not allowed to marry between persons of the same bad
In the same vein, the recent judgment of the European Court in a similar case in Romania, known as 39, Coman case.
According to the Court of Justice of the European Union, the parties must respect the right of residence of same-bad couples who have been married in another country and wish to live together on their territory. EU Member States can not impede the freedom of residence of a European citizen by refusing to grant the right of residence to a same-bad spouse of a third country C ", says the Euros.
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