PRESUDA EVROPSKOG SUDA ZA LjUDSKA PRAVA U PREDMETU ORLANDI I OSTALI PROTIV ITALIJE – PRIZNANjE ISTOPOLNOG BRAKA ZAKLjUČENOG U INOSTRANSTVU

Abstract

The author in paper analyzes in detail factual and legal aspects of Orlandi and Others v Italy case in which European Court of Human Rights acted (hereafter: ECtHR). Six same-sex couples concluded same-sex marriages in foreign countries, outside Italy. Their subsequent attempt to register those marriages before the Italian competent authorities was not successful. They submitted four ECtHR applications against Italy during 2012, refering to violation of Art. 8, and Art. 14 in relation to Art. 8 and Art. 12 of the European Convention of human rights (hereafter: ECHR). After the submission, but before the judgment of that Court (2017), Italy enacted the Law No. 76/2016, which introduced provisions on civil unions. By additional legislative changes, the registration of the foreign same-sex marriage as a civil union in terms of Italian law is enabled. Keeping that in mind, ECtHR concluded that the applicants, until enactment of that Law and accompanying legislative amendments, were left in the “legal vacuum” of the Italian legal system. In the light of explained argumentation of the Court, the violation of Art. 8 of ECHR was established. The author also pays special attention to the Italian Court of Cassation’s judgment of 2012, which was important for the further development of the Italian legal system regarding the same-sex couples. In the paper author also indicates impacts of the Orlandi and Others v Italy judgment to the contracting states of ECHR.