TSUE on Same-Sex Marriages – New Obligations for EU Member States and Consequences for Polish Law

CJEU (TSUE) Judgment on Same-Sex Marriages – Why It Matters for Poland

The recent judgment of the Court of Justice of the European Union (CJEU, TSUE) concerning the obligation to recognise same-sex marriages concluded abroad is one of the most important rulings of recent years for LGBTQ+ couples and for legal practice in Poland.

Even though Polish law does not provide for same-sex marriage, this decision opens a real possibility of confirming marital status before Polish authorities where the marriage was concluded in another EU Member State.

Background: Polish Couple Married Abroad and Refusal of Recognition

The case examined by the CJEU concerned two Polish citizens who married in Berlin in 2018. After returning to Poland, they applied for transcription of their foreign marriage certificate in order to confirm their family status in Poland.

Polish authorities refused, arguing that it was impossible to recognise a same-sex marriage in the Polish legal system. The Supreme Administrative Court referred preliminary questions to the CJEU, which responded unequivocally:

An EU Member State may not refuse to recognise the legal effects of a marriage concluded in accordance with the law of another EU country solely because it is a same-sex marriage.

Key Findings of the CJEU: EU Rights and Polish Law

The CJEU found that refusal to recognise a same-sex marriage concluded abroad may violate fundamental EU rights, including:

  • freedom of movement within the European Union,
  • the right of residence in another Member State,
  • the right to respect for family life.

At the same time, the Court emphasised that recognising the legal effects of a foreign marriage does not mean that Poland is obliged to change its internal definition of marriage. What follows directly from EU law is the duty to respect the legal consequences of a marriage validly concluded in another EU Member State.

What Does Recognition of a Same-Sex Marriage Concluded Abroad Mean in Practice?

For same-sex couples, this ruling significantly strengthens the possibility of exercising rights arising from marriage in Poland. Recognition of a foreign marriage certificate can facilitate, among other things:

  • representation in health-related matters and access to medical information,
  • property issues and inheritance,
  • joint administrative procedures and residence procedures,
  • contacts with public institutions and employers, who often rely on marital or family status.

Recognition is also crucial to avoid situations where a couple is treated as married in one EU country and as unrelated persons in another, including Poland. The CJEU ruling is intended to ensure continuity of legal status within the EU.

Consequences for Polish Authorities and Courts

Following the CJEU judgment, Polish authorities should directly apply EU law. This means, in particular, that:

  • a refusal to recognise a same-sex marriage concluded abroad may be challenged as contrary to EU obligations,
  • cases concerning transcription of foreign marriage certificates must be examined in the light of the CJEU judgment,
  • administrative practice will have to be adjusted to EU standards of protection of family life,
  • courts will be obliged to interpret national provisions in a way that respects EU law.

In many situations, the correct application of the CJEU ruling will depend on properly prepared arguments in the case and, if necessary, on challenging negative decisions of authorities before administrative courts.

Support of the Law Firm in Recognition Procedures for Same-Sex Marriages

In practice, individuals seeking recognition in Poland of a same-sex marriage concluded abroad still need to file appropriate applications and obtain an administrative decision.

The support of an experienced legal representative becomes crucial, especially in cases of:

  • refusal to transcribe a foreign marriage certificate,
  • excessive length of administrative proceedings,
  • the need to lodge appeals and complaints with administrative courts.

Our law firm provides comprehensive assistance in such matters, including:

  • analysis of the legal situation and assessment of available options,
  • preparation of applications and supporting documents,
  • representation before administrative authorities and courts,
  • building argumentation based on EU law and the CJEU judgment.

Thanks to the CJEU ruling, individuals can rely on a clear and binding interpretation of EU law, which significantly strengthens their position in proceedings before Polish authorities.

A New Stage in the Protection of Family Rights in Poland

Although same-sex marriage is still not regulated in Polish family law, the CJEU judgment creates a new standard of protection for same-sex couples in terms of freedom of movement, residence and family life within the European Union.

For citizens, this means:

  • the right to maintain their marital status irrespective of the borders of Member States,
  • greater legal certainty when living or working in different EU countries,
  • the possibility of demanding that authorities respect rights arising from marriage concluded abroad.

For the administration, the ruling means the necessity to adapt practice to EU standards. For law firms – the opportunity to offer effective legal assistance to couples seeking recognition of their marriage and protection of their family life in Poland.

Need legal assistance in recognition of a same-sex marriage concluded abroad?

If you have questions or doubts, or if you wish to initiate or continue a procedure for recognition of a same-sex marriage in Poland, you can contact Attorney Katarzyna Lewicka-Krzysztowczyk, who provides legal assistance in EU law, administrative proceedings and family-law issues related to marital status.

Phone: +48 502 775 164
Email: k.lewicka@lzw-law.com