Homework to be done before the lecture:

Czech national and Spain national, both men, wish to enter a marriage in Spain (where same-sex marriage is legal).  However, if one of the prospective spouses is not a Spanish national, it is a requirement under Spanish law that the couple submits a marriage eligibility certificate from the country of origin as proof that neither person is currently married.  In the Czech Republic, this marriage eligibility certificate request requires the name and gender of the intended partner. This requirement thus notifies the Czech authorities of the possibility that same-sex marriage will be contracted abroad.

The Czech national applied for this marriage eligibility certificate in July 2019 indicating that he intended to marry his partner in Spain. His request for this certificate was denied as the office stated that ‘it would be contrary to the Czech law according to which marriage could only be concluded between a man and a woman’. He did not succeed in front of Czech courts. Also, the Czech Constitutional Court has dismissed his complaint.

Tasks:
1) Read all materials listed below ("Reading") and be prepared to discuss facts and argumentation of parties in all cases.

2) Consider all possible arguments that could be used in favour of the applicant and be prepared to present them.

3) Consider all possible arguments that could be used by the government opposing the application to ECtHR for finding the application inadmissible or finding no violation of rights protected by the Convention. Be prepared to present your thoughts.

Reading: