The Advocate General of the TEU states: Poland is obliged to transcribe the matrimony certificate of single-sex couples if there are no another legal solutions.
Poland faces another legal challenge related to the designation of same-sex marriages abroad. According to Advocate General of the Court of Justice of the European Union (TEU), Jean Richard de la Toura, Poland "has the work to transcribe the same-sex matrimony certificate"if national law does not supply for another forms of confirmation of their relationship.
Case of Polish-German couple and refusal of transcription
In 2018, 2 Poles, 1 of whom besides had German citizenship, married in Berlin. They then applied for a transcription (entry into the Polish registry of civilian status), but the office refused, arguing that "This would violate the fundamental principles of the Polish legal order"Because Polish law does not recognise single-sex marriages.
The couple challenged the decision, indicating that they wanted to stay and travel in Poland as a marriage. The case went to Chief Administrative Court (NSA)who asked the EU Court to clarify whether Polish law, which does not recognise single-sex marriages, is compatible with EU law.
Advocate General's position: Poland must guarantee designation of marriage
The Advocate General of the Court of Justice stressed that civil position issues, including marriages, fall within the competence of the associate Statesbut they must comply with EU law. In his opinion, The deficiency of designation of same-sex matrimony may violate their freedom of movement and their right to household life, guaranteed by the EU Charter of Fundamental Rights.
De la Tour indicated that Member States which do not recognise single-sex marriages must introduce procedures to enable them to be registered or to prove a relationship. The point is not to keep couples in ‘Legal vacuum’ and could regulate issues specified as:
- common ownership,
- taxation,
- inheritance.
Does Poland gotta registry a marriage?
The Ombudsman acknowledged that States do not request to transcribe the matrimony certificateif they have alternative methods of civilian position confirmation, for example, through another authoritative documents. The problem with Poland is that specified solutions are missing.
‘If Poland has no another means of demonstrating the same-sex matrimony than the matrimony certificate, it is obliged to registry it’ said de la Tour.
What's next? judgement of the CJEU may oblige Poland to change
The Ombudsman’s opinion is not yet a judgment, but The Court frequently follows his position. If the TEU adheres to his arguments, Poland may be obliged to recognise single-sex marriages concluded abroad, at least to confirm their legal status.
It's the next stage. disputes between EU law and Polish lawwhich can force changes in the national legal system.
Continued here:
The European Union orders Poland to transcribe the acts of single-sex couples marriage
