Rainbow families’ rights in the EU – how the Court of Justice of the European Union is juggling fundamental rights, free movement and national identity clause

<ns3:p> Background The goal of this article is to analyse the multilevel judicial system within the EU in the context of the preliminary procedures relating to the issues of same-sex family rights. During the past six years, the CJEU has dealt with major cases touching upon the intersection of fundamental rights (respect for private and family life), EU citizenship law on free movement, and the respect of national/constitutional identity which is guaranteed under art. 4.2 TUE. The common feature of the cases in <ns3:italic>Coman</ns3:italic> (C-673/16), <ns3:italic>VMA</ns3:italic> (C-490/20) and <ns3:italic>RPO</ns3:italic> (C-2/21) is the attempt of EU citizens to challenge administrative decisions of their states’ authorities refusing to recognise the civil law status of members of the same sex family. EU citizens relied on EU law to protect their rights. Methods The article develops a qualitative analysis of both case law and policy measures that shape the approach to recognise the rights of rainbow families in the EU. As a secondary source, the relevant scholarly literature is analysed. Results The results presented in the article show the assumed integrating power of the CJEU judgments, which influence the judicial practice of the member states. The authority of the CJEU, its quasi-normative powers, stretch outside of the mere judicial application of law to find the balance between national identity, public policy, and fundamental rights. Conclusions The CJEU judgments have strengthened the legislative proposals of the Commission aiming at the mutual recognition of parenthood between the Member States. </ns3:p>