The Warsaw Government adopted the draft “Law on the position of the closest individual in the relation and the common life agreement”. Contrary to erstwhile declarations of the ruling coalition, this is not a fresh project, but a lifting of the old "registered partnerships" Act of October 2024 with the replaced name of the institution. This task continues to institutionalise an alternate form of life to marriage, making it contrary to Article 18 of the Polish Constitution.
The Tusk government wants to legalize the homotyping side door. Tuesday 30 December 2025 – possibly counting on the deficiency of public interest during the Christmas and fresh Year period – Donald Tusk's government adopted draft ‘Act on the position of the closest individual in relation to the joint-life agreement’ (list number: UD87) and draft government introducing this law (list number: UD88). In the Impact Assessment, the authorities acknowledged that independently of this task they would search to recognise institutionalized homosexual relationships abroad as alleged “marriage”.
This time, the partnerships were hidden under the slogan “the position of the closest individual in the relationship”. Jak says Ordo Iuris Institute, that is an action to circumvent the public consultation work provided for in paragraph 36(3) Rules of Procedure of the Council of Ministers. Under that provision, "to refrain from conducting public consultation is only exceptionally acceptable, in peculiar if the resignation of public consultation is linked to safety, public policy, wellness or the environment".
These criteria are besides listed in Section 99(3) of the Rules of Procedure, which governs the separate procedure for dealing with a draft government document. Interestingly, this provision has been introduced... Just by Donald Tusk's own government, by a resolution of 13 August 2024. This was the mode utilized by Katarzyna Kotula, however, in a letter dated 23 December 2025 only to "do not mention the committee of law" – assuming that the public consultation on the "status of the nearest person" had already been conducted.
In fact, specified consultations did not take place, and the representatives of Donald Tusk's government did not indicate any safety or public policy or wellness or environmental protection that would have been expected to justify specified project.
In addition, in the fresh Impact Assessment dated 22 December 2025, the government first cites fresh Position expressed by the Judges of the Court of Justice of the European Union on 25 November 2025 in the case of Jakub Cupriak-Trojan, Mateusz Trojan v Mazowieckie Voivodeship, signed by C-713/23, however, it immediately points out that the task in question ‘is not a consequence to the TEU judgment. The performance of its obligations must take place in a separate mode.’
The government so de facto admits that independently of this project, it will search to recognise institutionalized homosexual relationships abroad as alleged "marriage". The public does not know what the ‘status of the nearest person’ is, or alternatively ‘status of the nearest person’, due to the fact that this is what should be said about this peculiar proposal from the president of the Republic of Poland Karol Nawrocki.
As president-elect, in an interview with the diary of Legal paper dated 11 June 2025. Nawrocki declared, like Paweł Kukiz 3 years earlier, that the "status of the nearest person" should not in any way be based on a common life as a essential element:
– I am besides ready to discuss the Act on the position of the nearest person. Of course, I will not agree to any ideological “faults” that undermine matrimony as a union between a female and a man. However, if this was a solution that would actually aid citizens regulate formal and legal matters – regardless of their partner, sexual or neighbouring issues – I do not see any problem in this. – he said.
The position confirmed in "Polsat News" interview of 17 October 2025. Rafał Leśkiewicz – Undersecretary of State at the Chancellery of the president of the Republic of Poland and press secretary of the President: – Mr president already during the election run clearly said that he is in favour of a legal solution that will regulate the position of the nearest person said the Minister. He added that specified solutions would facilitate matters of inheritance or access to medical information.
The President's spokesperson besides recalled that the Polish constitution defines matrimony as a union between a female and a man." In turn we Twitter entry of 20 October 2025. The president himself reiterated: "I will not sign any law that will undermine the position of matrimony that is protected by the Constitution. I am ready to discuss the position of the closest person, but this cannot in any way approach the protected institution of marriage.”
Adopted on 30 December 2025 by the Donald Tusk government, the task does not regulate the "status of a loved one", but is another effort to smuggle institutionalization of deviating unions, thus contrary to the Constitution of Poland. The usage of trickery and circular plan of the ‘status of the nearest person’ and the ‘joint-life agreement’ deserves only a negative moral assessment.
Settlement on specified an crucial issue with the omission of mandatory public consultations and manipulation of the provisions of the Rules of Procedure of the Council of Ministers besides appear to be highly reprehensible. These actions are all the more sad due to the fact that they are signed by politicians of the Polish People's organization – a organization declaring attachment to 130 years of its traditions, which still in 2001 expressed public opposition to “gay marriages and adoption of children by homosexuals”.
The Sejm should reject the proposed bill, but if Members decided to proceed working on anti-Constitutional regulations, the passed law should be definitely vetoed by the president of the Republic of Poland in accordance with Article 122(5) of the Polish Constitution.
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