WRITTEN QUESTION E-1099/96 by Nel van Dijk (V) and Claudia Roth (V) to the Commission (13 May 1996)

Subject: Ban on marriages between two persons of the same sex and European legislation

On 16 April 1996 the Second Chamber of the Dutch parliament adopted a resolution in favour of lifting the ban in the Netherlands on lawful marriages between two persons of the same sex. The Second Chamber called on the Dutch government to draft legislation as soon as possible, taking into account international, and in particular European, aspects.

Does the Commission agree that there are no obstacles under European legislation to lifting the ban on lawful marriages for persons of the same sex in the Netherlands and, possibly, in other Member States?

If the Commission does not share this belief, what obstacles are there, pursuant to European legislation, to a lifting of this ban?

Answer given by Mr Flynn on behalf of the Commission (10 June 1996)

Family law and in particular legislation concerning the capacity to marry does not fall within the Community competencies.