Il ricongiungimento familiare per i coniugi dello stesso sesso, tra diritto dell’immigrazione e norme sulla libertà di circolazione in territorio U.E.

The contribution examines whether family reunification between same-sex spouses is recognized,
i.e., addresses the question of whether family reunification extends beyond the traditional
notion of «family members» stricto iure, as set out in Article 29 of Legislative Decree n. 286/1998
(«Consolidated Text on Immigration and provisions on the legal condition of foreigners»), especially
following the entry into force of Law No. 76/2016, regulating same-sex couples (civil partnerships
and de facto cohabitations). The relationship between the aforementioned family law and, on
the one hand, the domestic immigration legislation and, on the other, the EU-derived law concerning
the right of free movement and the related right to family unity of European citizens (Legislative
Decree No. 30/2007) is analysed, as the interpreter is faced with a regulatory framework that is far
from coordinated. Finally, the essay proceeds to verify the impact within the internal legal system
of the evolving interpretations of the concept of «family member» and in particular of «spouse» that
have been progressively accepted in European case law.