Before the winter break we leave you with a fistful of advice from our lawyer, Justyna Jezierska, for couples of the same sex who want to transcribe a matrimony concluded in another European Union country. In order to avoid refusal and not block the way of designation of matrimony for the following years, it is worth remembering these fewer tips. We give the level to Justina:
1️. No rush
The judgement of the TEU is valid and binding for Poland, so in explanation it is possible to apply for transcription. In practice, however, it may appear that the office will refuse to make a transcript or suspend the administrative procedure until:
- removing an mistake in the IT system, which presently prevents the same-sex PESEL number from being entered,
- amend the Regulation of the Minister of Digitisation setting out the models for copies of matrimony certificates,
- the ultimate Administrative Court, which initiated the judgement of the EUS.
2. Proposal may be withdrawn
Remember that you can apply for a transcription at any civilian state office, so you should mention it to the USC, which declares your readiness to make a transcription. Before submitting your application, contact the authoritative of the elected office to find out what the USC approach is.
If you get information that the office refuses you to transcribe, and you have already formally filed an application, you can revoke it. You remember to do this before the USC manager makes his decision.
However, if the USC refuses to transcribe and you have not withdrawn your application before that, you have 14 days to appeal to the voivodes.
The application can besides be withdrawn at this phase of the procedure (if you have lodged an appeal). The voivode should then discontinue the proceedings, and you will be able and able to apply for transcription to another office.
3. You can appeal
If you have not withdrawn the application and the voivode will not take your appeal into account, then within 30 days you will be able to lodge a complaint against that decision with the provincial administrative court.
You will be entitled to a cassation action before the ultimate Administrative Court.
4️. Denial? Let us know and file a complaint with the RPO.
If, at any stage, you received a refusal to transcribe your matrimony certificate Contact us. You can besides report your case to the Ombudsman.
