Jean Richard de la Tour, Advocate General at the Court of Justice of the European Union (CJEU), issued the opinion on Thursday in a case involving two Polish men—one of whom also holds German citizenship—who married in Berlin in 2018.
The couple later requested that their marriage be entered into Poland’s civil registry, but were refused.
Polish authorities argued that same-sex marriage is not recognised under national law, and that recording such a union would violate "fundamental principles of the Polish legal order."
The men appealed, saying they intended to live and travel in Poland and wanted their marriage to be legally acknowledged.
Poland’s Supreme Administrative Court, which is handling the case, asked the CJEU whether EU law allows a member state to deny recognition and registration of same-sex marriages.
In his legal opinion, de la Tour acknowledged that matters of civil status, including marriage, are the responsibility of EU member states.
However, he stressed that national laws must still comply with broader EU principles, such as the freedom of movement and residence, and the right to private and family life, both of which are protected under the EU Charter of Fundamental Rights.
He warned that when a member state completely fails to recognise a same-sex marriage between EU citizens, it risks undermining those rights.
In such cases, states—even those that do not allow same-sex marriage—are obliged to provide mechanisms to ensure that marriages performed in other EU countries are acknowledged and can be proven in practice.
This might involve recognising the legal effects of marriage in matters such as joint property, taxation and inheritance.
De la Tour underlined that EU countries are not required to transcribe foreign same-sex marriages into their civil registries, as long as they offer alternative legal means for couples to confirm their marital status.
These could include other official documents accepted by the authorities.
However, since Poland lacks any such alternative, de la Tour concluded that it is required to register the marriage in its civil records.
While not legally binding, opinions from Advocates General are influential and often guide the court’s final ruling.
Jean de la Tour has had a long career in French jurisprudence, beginning in the 1980s.
Poland does not legally recognise same-sex marriages or civil unions. A 2012 Supreme Court ruling granted limited rights to same-sex couples with regard to shared housing, and some laws extend minor legal protections to cohabiting partners.
Same-sex spouses of EU citizens are entitled to residency rights in Poland under a 2018 CJEU ruling, but broader recognition of their legal status remains highly restricted.
(rt/gs)
Source: PAP, polskieradio24.pl