The historical judgement of the ultimate Administrative Court (NSA) confirmed the decision of the Court of Justice of the European Union (TEU): Polish civilian position offices must transcribe the matrimony certificates of same-sex couples who have married abroad. What does this mean in practice? Read answers to frequently asked questions.
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What's this conviction about?
James and Matthew, who were denied the transcription of their abroad matrimony certificate, that is, to transfer it in a translated version to a Polish document, are to get a transcript in the office that had previously refused them. The Office is to do so within 30 days of receiving a return from the court. The NSA besides stated that neither the method problems related to the strategy nor the provisions of Polish law, including the Constitution, are an obstacle to transcription. On the another hand, the judgement does not mean that specified a Polish matrimony certificate is to have concrete legal effects, that is, all rights to marriages in Poland. These things will should be fought in court.
Why is this judgement groundbreaking erstwhile the transcription has no legal effect?
NSA judgement is simply a immense step towards a script in which Polish couples of the same sex get crucial matrimony acts. It is an crucial symbol, but above all, a tool for further fighting. ZUS has already announced that couples of the same sex with the Polish matrimony certificate issued are to be treated in the same way as marriages of women and men. Where couples of the same sex will not be considered a full marriage, they will be allowed to fight in court. Even if it takes years, in the future it will be a model of conduct for subsequent offices. In this way, we are taking further steps towards equal treatment.
Does the judgement apply only to James and Matthew or to all couples applying for transcription?
The legal strategy in Poland is not a precedent, so the judgement in James and Matthew does not automatically mean that all office and court will gotta comply with it. In practice, however, it is closer to specified a scenario, as the NSA is the most crucial explanation of law for the state administration system.
Nor would it make sense for a lower instance court to issue a judgement contrary to what the NSA has already said – in specified a case it would be apparent that in the event of an appeal, the case will go there and will be decided in a akin way.
Differences may arise erstwhile requests for transcription are submitted by couples with a situation clearly different from that in which James and Matthew were, for example, in terms of citizenship.
Can we request a transcript if my partner is not a national of an EU associate State?
The judgement of the NSA and the previously judgement of the TEU are based on a circumstantial case and argument based on Union law. James and Matthew are both EU citizens. It is not said that in the case of a couple without EU citizenship, applications will be rejected by each office, but there is specified a risk. On the another hand, there is no punishment for rejection of the application for applicants, so this can be checked.
Note: if 1 of you has British citizenship and your wedding took place before your country left the EU, the office should treat you as 2 people with EU citizenship, that is, like James and Matthew.
Remember that the judgments of the NSA and the TEU are due to Jacob and Matthew fighting for their rights in courts. If you request more fighting couples to make the transcript available to people outside the EU, possibly you will be part of the story.
Did the conviction introduce marital equality in Poland?
Nope. matrimony equality, i.e. the anticipation of a full matrimony between same-sex people, can only be introduced by law, which requires the consent of the Sejm, the legislature and the President. Love No Executed the bill 10 years ago – you will find it on our website.
What threatens Polish authorities and offices if they do not comply with the sentence?
Failure by a public officer shall be punishable.
The NSA ruling preceded a akin judgement of the Court of Justice of the European Union. Its ignoring by the Polish authorities may exposure Poland to financial sanctions from the European Union.
Does the implementation of this judgement require a change of the Polish Constitution?
Nope. The execution of the judgement does not require a change to the Polish Constitution or the consent of the Sejm, legislature or President. This was confirmed by the NSA in the justification of the judgment. On the another hand, it is essential to let the same-sex matrimony certificate to be registered in the IT strategy and to update the models of matrimony certificates, which the government can do by amending the existing regulation.
Can you apply for a transcript already?
Requests for transcription of a matrimony certificate can be filed at all times. Following the NSA judgment, the hazard that a negative decision will be issued is much less. However, it is very possible that the authorities will suspend proceedings pending changes to the ICT strategy by the government so that the matrimony certificate can be registered regardless of gender.
What am I expected to do if, despite the NSA's ruling, the government refuses me a transcript?
There are 14 days to appeal the refusal. We have a guide on this subject on our website.
What if the office in the case of James and Matthew suspends their case due to a failure in the strategy despite the time limit of 30 days for transcription?
Officials are waiting for the government to act, and the government must adopt a regulation of the Ministry of Digitalism as shortly as possible and make changes to the IT system. You request pressure.
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