European Union law obliges the Member States to recognize marriages of people of the same sex, argued by the general spokesman giving the case Court of Justice of the European Union (CJEU) Richard de la Tour on Thursday in Luxembourg.
Two men, a Pole and German from Poland, were married in Berlin in 2018. Submitted an application for transfer German marriage certificate do Polish registry of marital status. However, their conclusion was rejected due to the fact that Polish law does not recognize marriage to everyone. The couple appealed against this decision to Supreme Administrative Court. They stated that they live in Poland and want to be recognized in this country as a marriage.
Homosexual marriages. Opinion of the CJEU and Poland
The Polish court asked the CJEU to interpret the EU law. He wanted to know if EU law is in accordance marriage certificate in the registry of marital status. In response Richard de la Tour He explained that Member States are obliged to recognize such marriages.
Otherwise, the people it concerns would have limited right to free movement in the EU. Moreover, their right to respect private and family life could be violated. If the law of a given country does not provide for marriages of the same sex, then despite this The state must document marriages contained in another EU country. Steam of the same sex should be able to regulate property, tax and inheritance issues.
The opinion of the CJEU is not a judgment
The Member State, however, is not obliged to enter the marriage certificate in the registry of the marital status – provided that marriage is important without this formalities. In Poland, however, there is no other option providing marital status. Therefore, the spokesman argued, in this case the marriage certificate must be registered in Poland.
The opinion is not a judgment yet. However, the judges of the DSUs often base their decisions on them. The date of announcement of the sentence has not been given yet.
Source: Deutsche Welle Polska
Author: ed. Monika Sieradzka