Landmark CJEU Ruling: Poland Obliged to Recognise Same-Sex Marriages from Other EU States!
Refusing Transcription of Same-Sex Marriages Violates EU Law
The Court of Justice of the European Union (CJEU) has ruled that Member States, including Poland, are obliged to administratively recognise a same-sex marriage that has been legally concluded in another EU country.
Refusing to transcribe such a marriage certificate violates EU law, as this is the only form of recognition of the union available in the context of exercising EU rights such as freedom of movement and family life, while EU countries maintain their own national definition of marriage.
Maintaining the Constitutional Definition of Marriage is a Priority
It should be strongly emphasised that the CJEU judgment does not affect the foundations of Polish family law and does not force systemic changes. The CJEU unequivocally ruled that Member States continue to shape national definitions of marriage independently. Therefore, Article 18 of the Polish Constitution, which defines marriage as a union between a man and a woman, remains in force.
The transcription of a foreign marriage certificate is only a form of recognition of the union in the context of exercising the rights of Union citizens. The refusal to enter the certificate in the Polish register has so far been argued by the lack of recognition of same-sex marriages by Polish law.
It is crucial to distinguish between a purely administrative recognition of a foreign document and an amendment to a Polish constitutional norm.
Obligation to Freedom of Movement and Family Life
The basis that enforces the need for transcription is Poland’s obligation to respect the fundamental principles of the European Union.
The Court of Justice of the EU has held that the refusal to recognise a marriage between two Union citizens is incompatible with EU law when it comes to the exercise of Union rights. This includes in particular the right to freedom of movement and residence and to lead an ordinary family life on the territory of other Member States.
The case concerned a Polish couple who married in Berlin in 2018 and subsequently wanted to move to Poland. They therefore applied for the registration (transcription) of their German marriage certificate in the Polish civil status register.
However, they were met with a refusal because Article 18 of the Polish Constitution defines marriage ‘as the relationship of a man and a woman’ and therefore Polish law does not allow the recognition of same-sex marriages. The couple decided to challenge the refusal, which is when the Supreme Administrative Court turned to the Court of Justice.
Same-Sex Marriage and EU Law: Poland Must Comply with CJEU Decision
The CJEU judgment is undoubtedly groundbreaking, as it explicitly states that refusing to transcribe the marriage certificates of same-sex couples violates European Union law.
To avoid further disputes and tensions with Brussels, Polish state institutions must show responsibility and respect the existing legal order.
Transcription is in practice the only form of recognition of such a marriage concluded abroad available in Poland, which is used by different-sex couples without obstacles.
Irrespective of waiting for the ruling of the Supreme Administrative Court, which is to detail the CJEU judgment in the context of Polish legislation, Polish courts and offices are already from today obliged to comply with the ruling and transcribe marriage certificates of couples who meet the indicated conditions. Such an attitude ensures that Poland fulfils its Treaty obligations and maintains its reputation as a state under the rule of law within the Community.
The significance of the CJEU ruling for the protection of civil rights and combating discrimination
The CJEU judgment is of great importance for couples who wish to move from one EU country to another, and also guarantees respect for the prohibition of discrimination on the basis of sexual orientation and the right to respect for private and family life.
Do you need legal help?
If you need clarification on how this CJEU ruling may affect your rights or administrative procedures in Poland, contact us – our legal team will respond promptly with expert guidance.
Q&A: Key Implications of the CJEU Judgment
What specifically does the landmark judgment of the Court of Justice of the European Union (CJEU) concern?
The judgment concerns the obligation of a Member State (such as Poland) to recognise a same-sex marriage that has been legally concluded in another EU country. The case concerns a couple of Polish citizens who got married in Berlin in 2018 and wanted to register the act in the Polish civil status register.
Does the CJEU ruling force Poland to change its constitutional definition of marriage?
No. The CJEU unequivocally stated that states continue to shape their national definitions of marriage independently, and that the competence of states in matters of marriage remains preserved. The judgment does not imply an order to introduce same-sex marriage into national law. Article 18 of the Polish Constitution remains intact.
Why is the transcription of the marriage certificate so important from an EU perspective?
The recognition of a same-sex marriage legally contracted in another EU country is an obligation of the Member State.
Transcription is mandatory when it comes to the exercise of the rights of Union citizens, including freedom of movement, right of residence and family life within the Union.
Refusal of transcription violates EU law, as it is the only form of recognition available in Poland for a relationship legally concluded abroad.
Are Polish authorities and courts already obliged to comply with this ruling?
Yes. The judgment explicitly states that the refusal of transcription violates EU law.
Although the ruling of the Supreme Administrative Court (NSA) is still pending, which is expected to elaborate on the judgment in the context of Polish law, Polish courts and offices are already obliged to comply with the CJEU judgment and transcribe the marriage certificates of couples who fulfil the conditions indicated.
D&P Legal
MILAN