JUGASTRU Calina-Felicia – University professor. Doctor of Law, "Lucian Blaga" University of Sibiu, Faculty of Law (Sibiu, Romania).

Email: calina.jugastru@ulbsibiu.ro

Keywords: Buhuceanu and others v. Romania, positive obligation, form of recognition and protection.

One of the recent judgments of the Strasbourg Court brings to the fore topical issues in family life. A gradually building jurisprudence initially denied same-sex couples the right to family life under Article 8 of the Convention. Subsequently, the possibility for same-sex couples to benefit from the protection of that text was opened up and Member States were under a positive obligation to provide them with the appropriate legal framework for recognition. The European Court leaves it to the discretion of the States to decide which form of recognition and protection (in principle, the choice is between civil/registered partnership and same-sex marriage). This is the main problem raised by the Buhuceanu and Others v. Romania judgment, in terms of the failure of the Romanian State to fulfil its positive obligation. Most probably, the Romanian legislator will resort to the institution of civil/registered partnership, keeping same-sex marriage.