Ombudsman General of the EU Court Jean Richard de la Tour decided that Poland is obliged to transcribe the marriage certificate of the same sex to the registry of marital status. The decision issued on Thursday does not bind the Court of Justice of the EU, but it will be taken into account.
The most important facts
- The General Ombudsman of the CJEU decided that Poland must transcribe the marriage certificate of the same sex, because there are no other solutions in the country to confirm their marital status.
- Lack of recognition of marriages contained in other EU countries may – in the opinion of the Ombudsman General – violate the right to free movement and the right to private and family life.
- He emphasized that Member States may recognize marriages of people of the same sex on their own terms, but must provide alternative ways of confirmation of marital status if they do not provide for their registration.
Two Poles, one of whom also have German citizenship, made a marriage in Berlin in 2018, after which they applied for its transcription, i.e. entering the Polish marital status in the Polish Register. This request was considered, and the office explained that Polish law did not provide for marriages of people of the same sex, so entering this marriage act “would violate the basic principles of the Polish legal order”.
Source: tvn24
The men appealed against the Polish court, arguing that they were going to stay and travel around Poland and want to be considered a marriage. The Supreme Administrative Court examining the case turned to CJUE for the interpretation or law of the Member State not recognizing the marriages of the same persons and not allowing them to register is in line with the law of Union.
State regulations must respect EU law
On Thursday, the General spokesman Jean Richard de la Tour issued an opinion in which he reminded that marriages, including marriages, belong to the competence of the Member States. These, however, must be performed in accordance with EU law.
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The spokesperson noted that the lack of any recognition of the marriage of EU citizens by a given Member State may limit their freedom of movement and stay in the EU, as well as the right to respect private and family life, guaranteed to them in the EU basic rights card.
In such a situation, Member States – also those that do not provide for marriages of people of the same sex – are obliged to establish appropriate procedures that will ensure that the marriages contained in another Union country will be recognized in their country and will be proved. As the spokesman explained, the point is that the spouses would not remain in a legal vacuum, and to have the right to regulate the basic aspects of family life, such as joint property, taxation or inheritance.
There is no other way
The spokesman added that although Member States are required to recognize marriages of the same sex contained in other EU countries, they can do it on their own terms and do not have to enable the transcription of foreign marriage acts to the registry of marital status. Provided, however, that they have alternative methods of confirmation of citizens. We are talking here, for example, about other official documents confirming marital condition, which would be recognized by the Polish authorities in this situation. De la Tour noted, however, that since Poland has no other ways to demonstrate a marriage of people of the same sex than a marriage certificate, he is obliged to enter it in the register. The opinion of the general spokesman does not bind the Court of Justice of the EU, although it is taken into account. The task of general spokesmen consists in submitting the CJEU proposals for legal decisions in matters they consider.
Author/author: BŻ/GP
Source: PAP
Source of the main photo: Pituktv/Shutterstock