WRITTEN QUESTION E-3211/01

by Kathalijne Buitenweg (Verts/ALE) to the Commission

(22 November 2001)

Subject: Residence permits for same-sex married couples

In your answer to my questionNoP-2438/01(1) on the consequences of the introduction of same-sex marriages in the Netherlands, you say that the Commission does not have the powers to compel a Member State to recognise such marriages or to grant residence permits on the basis of such marriages. You take the view that this reflects reality, irrespective of whether the couple come from a Member State or a third country. I do not doubt that you do not have these powers. That was not my question. I only asked whether you were satisfied that there would be no problems with residence permits.

In your answer you say that the Commission has given instructions that, if an official makes a same-sex marriage under Dutch law, this marriage should be treated in the same way as any other marriage.

Can the Commission tell me whether any Member States have refused to grant a residence permit to the spouse of an official of one of the institutions and, if so, in how many cases?

If so, on what grounds was a residence permit refused?

If such a case has occurred, can the Commission tell me how it dealt with it?

If a legal spouse has not yet been refused a residence permit, can you tell me how you would act in support of your officials if a residence permit were refused?

(1) OJ C 93 E, 18.4.2002, p. 131.

Answer given by Mr Kinnock on behalf of the Commission

(7 February 2002)

As the Honourable Member will understand, the nature of the response to her question P-2438/01 was in part determined by the desire of the Commission to provide maximum detail.

In response to her current question:

- The Dutch law of 21 December 2000 recognising same-sex marriage entered into force on 1 April 2001. As a result, the Commission decided to put all officials on an equal footing by granting them the same advantages, whether they are married under the above-mentioned law or under any other national law relating to marriage.

- The granting of a residence permit is obviously a matter for the national authorities concerned. However, the Commission can inform the Honourable Member that up to now, no case of refusal to grant a residence permit to the spouse of a Commission official in any of the Member States has been reported to its Administration. The national authorities of Belgium have informed the Commission that residence permits would be issued as long as the marriage is officially recognised by the official's employer.

- However, bearing in mind the fact that the Dutch law recognising same-sex marriage was adopted only recently, only three cases of marriage under this law have so far been registered by the Commission. Furthermore, none of the spouses of the officials concerned is a national of a third country.

- The Commission considers that the notion of spouse in the Community instruments regarding the right of residence extends, in principle, to spouses of the same sex when the national legislation of a Member State permits marriage between two persons of the same sex and grants that marriage the same legal effects as heterosexual marriages. Therefore, if a residence permit was to be refused to an official's legal spouse by a Member State's national authority, in compliance with national law, the Commission would raise the matter with those national authorities.

- The Honourable Member will have to address her question relating to the other Institutions to those Institutions separately.