No 13, Issue 2       

THE TRIUMPH OF STATUS OVER SOVEREIGNTY:  ANALYSIS ON THE ECJ’S JUDGMENTS FROM COMAN TO CUPRIAK-TROJAN 

Paul POPA

Abstract

The judgment in Cupriak-Trojan and Trojan represents a pivotal step in the evolution of EU citizenship, consolidating a shift from a purely migration-based understanding of free movement toward a status-oriented conception grounded in dignity, continuity, and equality. Building on Coman, the Court of Justice affirms that a marriage lawfully concluded in one Member State cannot lose its legal relevance when EU citizens move or return to another Member State, as such “limping marriages” would undermine the substance of Article 21 TFEU. By reading free movement in conjunction with Articles 7 and 21 of the EU Charter, the Court limits national sovereignty in family law to the definition of marriage, while requiring recognition of its cross-border effects where EU rights are engaged. The ruling thus recalibrates the balance between national autonomy and Union values, confirming EU citizenship as a constitutional guarantee of legal certainty and respect for family life across the Union.

Keywords: European Union; marriage; recognition; free movement; citizenship

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