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effect, judgment of 5 June 2018, Coman and Others, C‑673/16, EU:C:2018:385, paragraphs 36 to 38
and the case-law cited).
53
In that context, the referring court asks the Court of Justice whether Article 4(2) TEU could serve as
justification for the Bulgarian authorities’ refusal to issue a birth certificate in respect of S.D.K.A, and
thus an identity card or a passport for that child. The referring court explains, in particular, that any
obligation on the part of those authorities to draw up a birth certificate mentioning two female
individuals as the child’s parents could have an adverse effect on public policy and on the national
identity of the Republic of Bulgaria, since the Bulgarian Constitution and Bulgarian family law do not
provide for the parenthood of two persons of the same sex.
54
In that regard it must be recalled that, under Article 4(2) TEU, the European Union is to respect the
national identities of its Member States, inherent in their fundamental structures, political and
constitutional.
55
Moreover, the Court has repeatedly held that the concept of public policy as justification for a
derogation from a fundamental freedom must be interpreted strictly, with the result that its scope cannot
be determined unilaterally by each Member State without any control by the EU institutions. It follows
that public policy may be relied on only if there is a genuine and sufficiently serious threat to a
fundamental interest of society (judgment of 5 June 2018, Coman and Others, C‑673/16,
EU:C:2018:385, paragraph 44 and the case-law cited).
56
As the Advocate General noted in essence in points 150 and 151 of her Opinion, the obligation for a
Member State to issue an identity card or a passport to a child who is a national of that Member State,
who was born in another Member State and whose birth certificate issued by the authorities of that
other Member State designates as the child’s parents two persons of the same sex, and, moreover, to
recognise the parent-child relationship between that child and each of those two persons in the context
of the child’s exercise of her rights under Article 21 TFEU and secondary legislation relating thereto,
does not undermine the national identity or pose a threat to the public policy of that Member State.
57
Such an obligation does not require the Member State of which the child concerned is a national to
provide, in its national law, for the parenthood of persons of the same sex, or to recognise, for purposes
other than the exercise of the rights which that child derives from EU law, the parent-child relationship
between that child and the persons mentioned on the birth certificate drawn up by the authorities of the
host Member State as being the child’s parents (see, by analogy, judgment of 5 June 2018, Coman and
Others, C‑673/16, EU:C:2018:385, paragraphs 45 and 46).
58
It should be added that a national measure that is liable to obstruct the exercise of freedom of
movement for persons may be justified only where such a measure is consistent with the fundamental
rights guaranteed by the Charter, it being the task of the Court to ensure that those rights are respected
(judgment of 5 June 2018, Coman and Others, C‑673/16, EU:C:2018:385, paragraph 47).
59
In the situation with which the main proceedings are concerned, the right to respect for private and
family life guaranteed in Article 7 of the Charter and the rights of the child guaranteed in Article 24 of
the Charter, in particular the right to have the child’s best interests taken into account as a primary
consideration in all actions relating to children, and the right to maintain on a regular basis a personal
relationship and direct contact with both his or her parents, are fundamental.
60
In that regard, as is apparent from the Explanations relating to the Charter of Fundamental Rights (OJ
2007 C 303, p. 17), in accordance with Article 52(3) of the Charter, the rights guaranteed in Article 7
thereof have the same meaning and the same scope as those guaranteed in Article 8 of the European
Convention for the Protection of Human Rights and Fundamental Freedoms, signed in Rome on
25/08/2022, 16:46