“A member state is obliged to recognize a marriage between a same-sex couple that was legally concluded in another EU country, even if that state’s law does not recognize such unions,” said today the Court of Justice of the European Union. The decision of the EU court is being widely discussed by the right side of the Polish political scene.
The case (C-713/23) concerns two Polish citizens (one of whom also holds German citizenship). In 2018, they concluded a “marital union” in Berlin. Soon after, they began applying for the transcription of the German marriage certificate into… the Polish civil registry.
In accordance with the Polish Constitution, the request was rejected. Polish law does not provide for same-sex marriage.
Next, the homosexual couple appealed the decision, claiming that… they planned to move and reside in Poland, and to do so as persons recognized as married. While examining the case, the Supreme Administrative Court turned to the Court of Justice of the European Union.
The European Court Has Decided
Today the European court ruled that the refusal by a member state to recognize a marriage between two EU citizens, legally concluded in another EU country, is incompatible with EU law. According to the CJEU, although regulations concerning marriage fall within the competence of member states, they are nonetheless obliged to comply with EU law, which guarantees citizens the right to free movement, the right to reside in the territory of other member states, and to conduct an ordinary family life there.
The CJEU’s ruling does not mean that a state is obliged to introduce same-sex marriage into its domestic law. However… it is required to recognize such a union if it was concluded legally in another EU country.
Ziobro: “The Left Is Looting the EU“
The EU court’s decision spread extremely quickly across the public sphere.
Zbigniew Ziobro, former minister of justice, commented as follows: “The left is looting the European Union! The CJEU, the most politicized pseudo-court in Europe, whose judges are directly appointed by governments, once again wants to change EU treaties.“
“In violation of international agreements, in violation of the Polish Constitution and the will of the nation, they want to introduce homosexual marriages into Poland. I have always warned that the CJEU has as much to do with the rule of law as Tusk has with truth, and Giertych with honesty. The Tribunal’s task is not to ensure compliance with EU law, but to fully subordinate EU countries to a leftist agenda. And anything that stands in the way of achieving this goal is deemed incompatible with EU law by the CJEU,“ wrote the PiS politician.
Sebastian Kaleta, former deputy minister of justice, also commented on the matter. As he wrote at the outset, “The CJEU once again ruled on matters concerning Polish law beyond the competences granted to it, which means simply illegally.“
He further explained in points: “1. The CJEU cannot rule on the Charter of Fundamental Rights with regard to Poland. Poland secured such an exemption with an appropriate protocol to the Lisbon Treaty. Just as in matters of the judiciary, the CJEU exceeds the competences granted to it in this respect. 2. The EU may interfere in family law only when it adopts the relevant law unanimously. This follows clearly from Article 81(3) TFEU. Of course, the EU has adopted no such regulations, so there is nothing to discuss. 3. Even if it had, such provisions could not violate the Polish Constitution, which clearly states that the institution of marriage and state protection over it are reserved exclusively for unions between a woman and a man.“
“Therefore, if any official recognizes as valid in Poland a same-sex marriage concluded as a marriage outside Poland, they will commit the crime of exceeding their authority, and any legal acts performed on the basis of recognizing such a union as a marriage will be invalid,” he concluded.