A breakthrough opinion of the EUSEC may bring changes. ‘Poland must register’

European Union law requires associate States to recognise same-sex marriages, argued the Advocate General Court of Justice of the European Union (TSEU) Richard de la Tour on Thursday in Luxembourg.

Two men, a Pole and from Poland, married in Berlin in 2018. They applied for a transfer German matrimony certificate au Polish civilian position register. However, their application was rejected due to the fact that Polish law does not recognise matrimony for all. The couple appealed against this decision to Chief Administrative Court. They stated that they live in Poland and want to be considered married in that country.

Gay marriage. Opinion of the Court of Justice and Poland

Polish court asked the EU Court to interpret EU law. He wanted to know whether it was compatible with EU law not to recognise same-sex marriages or not to place adequate marriage certificate in the registry of civilian status. In consequence Richard de la Tour explained that Member States are obliged to recognise specified marriages.

Otherwise, the persons afraid would have limited right to free movement in the EU. Moreover, their right to respect private and household life could be violated. If the law of a given country does not supply for same-sex marriage, nevertheless This country must paper marriages in another EU country. Same-sex couples should be able to regulate property, taxation and inheritance issues.

The TEU opinion is not a judgment

However, a associate State is not required to enter a matrimony certificate in the registry of marital status – provided that matrimony is valid without this formality. However, there is no another anticipation in Poland proof of civilian status. Therefore, the Advocate General argued, in this case the matrimony certificate must be registered in Poland.

The opinion is not yet a judgment. However, TSUE judges frequently base their decisions on them. The date of transportation of the judgement has not yet been given.

Source: Deutsche Welle Polska
Author: development. Monika Sieradzka