Same-sex unions in the EU system of protection of fundamental rights; the role of Courts at national, supranational, and international level 'after Lisbon'

This research is divided in three chapters leading the reader through an analysis that explains the reasons why it is possible to argue that a duty to recognize does exist, and the underlying limits of judicial intervention when considering this specific issue. As explained in the concluding part of this research the assumption that MSs have a duty to recognize should not be confused with the idea of a clear and well-specified individual right, i.e. the right to found a family. This choice might allow the legislative power a certain degree of flexibility in the creation of a legal model of inclusion for same-sex families, while at the same time leaving the room open for judicial intervention in case of unfair discrimination among types of families.