#EUFridays by JEF Hungary #7
Fanni Anna Spitzmüller
Dec-17-2021
The European Court of Justice: same-sex parents and their children must be recognized as a family across whole European Union
On Tuesday, December 14th, 2021, the European Court of Justice ruled that each of its member states must legally recognize same-sex parents and their children as a family.
The landmark ruling came after the authorities of Bulgaria refused to issue a birth certificate for a child named Sara, who was born in 2019 to a same-sex couple. Sara was born in Spain, an EU member state where same-sex marriage is legal, both women were registered by Spanish authorities as her mothers on her birth certificate, however, the couple had to apply for a Bulgarian citizenship for their daughter: “under current Spanish law, the child could not acquire Spanish citizenship because neither one of her parents is a Spanish citizen, and the child was also denied British citizenship because even though one of her mothers was born in Gibraltar of British descent, under the British Nationality Act (1981), they cannot transfer citizenship to her daughter.” – said the ILGA-Europe in a press release.
The European Court of Justice ruled that Bulgaria’s refusal to issue identity documents could hinder the “child’s exercise of the right of free movement and thus full enjoyment of her rights as a Union citizen”. In its ruling, the ECJ stated that EU citizens have a legal guarantee of free movement between countries and consequently must acknowledge the relationship between parents and their children. The court also stated if one EU country acknowledges the parental relationship with a child, then every member state should do the same in order to guarantee the child's right to free movement.
The court added it does not mean that all EU countries must recognize same-sex couples in national law, but that the children's right to free movement should not be blocked because a member state does not recognize their parents.
Arpi Avetisyan, head of litigation for IGLA-Europe stated: “This is a true testament to the EU being a union of equality and we look forward to seeing rainbow families enjoying their right to freedom of movement and other fundamental rights on equal footing to anyone else.”
The IGLA-Europe said the ruling also solidified European Commission president Ursula von der Leyen’s comment that: “If you are a parent in one country, you are parent in every country”. Ursula Von der Leyen has also come out in defense of LGBT+ rights multiple times in the past. Earlier this year, she backed a resolution that declared the EU as a “LGBTIQ+ freedom zone”. She wrote: “No one can ever take it away. The EU is your home. The EU is a #LGBTIQFreedomZone.”
https://www.pinknews.co.uk/2021/12/14/eu-same-sex-parents-bulgaria/
https://euobserver.com/democracy/153823
Lawmakers of the EU vote to ban online ads targeting children
European lawmakers voted to ban online ads that target children, ramping up a crackdown on Big Tech platforms and their content moderation policies in the European Union’s ambitious plan to update its pioneering internet rules.
The proposed ban was included in a draft of the EU’s content moderation rulebook, the Digital Services Act, which the European Parliament's internal market committee approved with a large majority of votes. The Digital Services Act aims to make tech companies more responsible for content on their platforms.
The move is part of a broader push across Europe to impose age verification systems online so that children can’t access some platforms with content deemed harmful for them, including pornography. “We want to protect minors using platforms,” – said Christel Schaldemose, the Danish Social Democrat lawmaker in charge of the file.
Parliament's text, which is still up for negotiation in coming months, includes a line seeking to stop tech companies like Facebook, Google, TikTok and others from allowing businesses to target minors through their platforms.
The lead committee's text will be voted at Parliament's plenary meeting which is expected to take place in January 2022. The bill is then up for three-way negotiations between Parliament, the Commission and the EU Council, which represents EU governments. The final rules could come into force as soon as 2023.
Lawmakers also want tech companies like Facebook and Google’s YouTube to open up about the ways they moderate content — a longstanding demand from policymakers and NGOs that would now be enshrined in the law.
“We are now democratically reclaiming our online environment," - Christel Schaldemose said. “The DSA is bringing EU tech regulation into the 21st century, and it is about time.”
https://abcnews.go.com/Business/wireStory/eu-plan-sweeping-update-big-tech-rules-gains-81745551
https://www.politico.eu/article/eu-lawmaker-rule-out-online-ads-target-children/
Malta becomes first EU nation to legalize cannabis
On Tuesday, December 14th, 2021 Malta became the first country in the European Union to agree to formally legalize the use and growing of marijuana for recreational purposes. Malta's parliament voted in favor of the reform on Tuesday afternoon, with the bill winning 36 votes in favor and 27 against.
Bill No. 241 sought to establish "the limited decriminalization of certain cannabis related activities to allow for a balance between individual freedom in the limited and responsible personal use of cannabis and other social requirements."
The Maltese government stated the new law does not mean to encourage drug consumption but protect those who chose to use the drug. "The government is in no way urging adults to resort to cannabis use or promoting a cannabis culture. The government always urges people to make healthier choices" wrote Owen Bonnici, Minister of Equality in an op-ed in the Sunday Times of Malta newspaper.
The new law allows people to carry up to seven grams of marijuana, grow up to four plants in their apartments and keep up to 50 grams of dried cannabis at home.
Consumers will be able to buy marijuana at outlets situated more than 250 meters from schools or youth centers and managed by nonprofit groups. Those nonprofits will be allowed to grow the drug and sell it to members who will be entitled to buy up to seven grams a day, up to a maximum of 50 grams a month.
However, smoking it in public or in front of children will be illegal. The punishment for smoking in public will be a €235 fine, and those smoking cannabis in front of anyone younger than 18 could be fined up to €500.
The Maltese government has also established a body called the “Authority on the Responsible Use of Cannabis” that will regulate the recreational use of the substance.
Mr. Bonnici also said the "historic” move would stop small-time cannabis users from facing the criminal justice system and would "curb drug trafficking by making sure that [users] now have a safe and regularized way from where they can obtain cannabis".
However, Malta's opposition Nationalist Party voted against the change: the leader of the party, Bernard Grech - who initially supported the new law - warned it would "only lead to the strengthening of the illegal market, with organized crime taking advantage," according to The Times.
Luxembourg announced similar plans in October, but its parliament has yet to give its green light to the measure.
https://edition.cnn.com/2021/12/14/europe/malta-cannabis-legalization-intl/index.html
https://www.nytimes.com/2021/12/15/world/europe/malta-eu-marijuana-legalize.html