Polygamous Marriages and Reunification of Families on the Move Under EU Law: An Overview

Polygamous marriages are usually associated with countries outside the EU. However, their recognition and the rights attached to the status of spouse, both civil and social, gave rise to a debate both in case law as well as in scholarship. The existing prohibition of family reunification under EU law represents an obstacle to free movement and family reunification of migrant families, and, potentially, also to the best interest of the child. At the same time, such a prohibition is rooted in the necessity to protect and promote equal treatment between men and women, enshrined in the EU Charter as well as in the national constitutions. As it will be seen, the debate on the balance to be found between these competing rights is far from being over.