Same -sex marriage are not just a cohabitation, believes the EU court expert
Countries that do not recognize same -sex marriage must establish procedures to ensure the announcement of such family unions concluded in another European country. Such a council is given by the EU General Lawyer, who is looking at a claim case filed by Poland.
If there is no official document to be recognized by the authorities for these relations, the state is obliged to re -register the act of marriage.
The Lawyer General is the main legal advisor of the European Court of Justice and most often his opinion is accepted in the final ruling of the court.
Case
In 2018, two Polish citizens, one of whom are with a German passport, married in Berlin. Because they want to live in Poland, they want their German marriage act to be re -registered in the Polish civil register. The request was rejected on the grounds that Polish law does not provide marriage between persons of the same sex.
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Spouses challenge this refusal by confirming their intention to remain in Poland as a legal family. The case has come to the Supreme Administrative Court of Poland, which wants European magistrates to explain whether it is possible for a couple to be considered legally related if the state does not recognize same -sex families.
Interpretation
According to the General Lawyer, the lack of any recognition of a marriage relationship established in another Member State restricts the freedom of movement and residence of European citizens, which is guaranteed to them. In addition, non -recognition of this connection may affect the right to respect personal and family life.
Therefore, he advises countries like Poland, in which same -sex marriage is not recognized by law to come up with other procedures to announce to society when a single pair married in a country allowing same -sex unions. These procedures are allowed not to include entry in the civil registers.
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However, when « the lack of alternative solutions in Poland to prove marriage status, such as the presentation of another official document that can be recognized by the Polish authorities, the general
A lawyer concludes that this Member State is obliged to re -register the civil marriage act in question, « said an opinion, distributed on Thursday.
Currently, 16 European countries have legalized same -sex marriage, and six others recognize them as some form of a civil union.
