At issue is the marriage of two Polish citizens residing in Germany who saw their request for recognition of their union celebrated in Poland rejected due to a lack of authorization for marriage between people of the same sex.
The Court of Justice of the European Union (CJEU) considered this Tuesday that the legality of marriage between people of the same sex in another country must be recognized even if it is not legalized in the Member State in question.
In a ruling released in Luxembourg, the CJEU ruled that “all Member States must recognize same-sex marriage celebrated in another European Union country, regardless of whether same-sex marriage is not provided for in their national legislation, as otherwise it would violate the freedom of movement and residence of the couple in question and the fundamental right to respect for private and family life”.
At issue is the marriage of two Polish citizens residing in Germany who saw their request for recognition of their union celebrated in Poland rejected due to a lack of authorization for marriage between people of the same sex.
The CJEU considers, however, that such a refusal is contrary to Union Law, violating not only the freedom of movement and residence, but also the fundamental right to respect for private and family life.
According to the Court of Justice, the obligation of recognition “does not violate the national identity or threaten the public policy of the Member State of origin of the spouses”, says the institution in a statement, remembering that the administrative act does not imply that that State has to provide for marriage between two people of the same sex in its national law.
For the CJEU, in a decision that establishes jurisprudence, “since transcription is the only means provided for in Polish law that allows a marriage celebrated in another Member State to be effectively recognized by administrative authorities, Poland is obliged to apply it without distinction to marriages between people of the same sex and those celebrated between people of the opposite sex”.
