EU countries must recognise a same-sex marriage lawfully concluded anywhere in the European Union, even if their domestic legislation did not provide for it. Landmark ruling of the European Court of Justice issued on Tuesday, 25 November is based on a case from Poland. It stipulates that refusing the recognition of a lawful marriage is contrary to EU law.
Two Polish nationals who had married in Germany, where they had lived, in 2018 wanted to reside in Poland as a married couple and applied for their German marriage certificate to be transcribed into the Polish register. After their application was rejected, the couple challenged the decision in court. The Polish Supreme Administrative Court, which dealt with the matter, referred the case to the European Court of Justice (ECJ). Now ECJ ruled that the Polish authorities must approve the couple’s application.
Marriage rules versus EU law
According to ECJ, refusing the recognition of a lawful marriage is “contrary to EU law because it infringes that freedom and the right to respect for private and family life.” The judges also ruled that “it may cause serious inconvenience at administrative, professional and private levels, forcing the spouses to live as unmarried persons.”
Refusing the recognition of a lawful marriage may cause serious inconvenience at administrative, professional and private levels, forcing the spouses to live as unmarried persons. – ECJ ruling on same-sex marriages
“When they create a family life in a host member state, in particular by virtue of marriage, they must have the certainty to be able to pursue that family life upon returning to their member state of origin,” the ruling says.
ECJ also underlined that although marriage rules fall within the competence of member states, EU members are required to comply with EU law when exercising that competence. According to the Court, if a same-sex couple married and lived a family life in one country, they must be able to be sure that they would be able to continue to do so after returning to their country of origin.
In ECJ’s view, it does not mean that countries must allow same-sex marriages in their national law. Member states, however, can not discriminate against same-sex couples by not recognizing their marriages concluded elsewhere in the EU, the court added.
