Il consulente del tribunale dell’UE afferma che la Polonia deve registrare matrimoni stranieri dello stesso sesso se non esiste alternative
https://www.polskieradio.pl/395/7784/Artykul/3506126,eu-court-adviser-says-poland-must-register-foreign-samesex-marriages-if-no-alternative-exists
di dat_9600gt_user
3 commenti
It… actually is against Polish constitution.
In Polish constitution marriage is literally defined as [edit of mistake] different sex partnership. So this doesn’t hold up. Especially as the EU when Poland joined did agree that constitution is EU-complaiant. So, no, Poland not only don’t have to do this: they literally can not do it.
There might be possibility of pushing for civil partnerships and having them implemented in Poland but they do have to be legaly distinct.
Moreover, there were already Constitutional Tribunal verdicts stating that civil partnership also shouldn’t be legal under the contitution (which is reaching considering that constitution talks only about marriage so if distinction would be clear enough it shouldn’t work) and current tribunal is more conservative then one that was deciding this.
Oh, and majority in Parliament have conservatists so yeah, changing constitution is not a possibility.
This is a based on an ECJ ruling regarding Romania few years ago. It’s important to understand what it means.
It doesn’t imply that a member state must recognise same sex marriage for the purposes of domestic law. The people in question are not married for the domestic purposes, e.g. receiving tax breaks, etc.
However, member states must recognise marriages performed elsewhere in the EU for the purposes of the *union law* (that’s where ECJ has jurisdiction). That effectively means freedom of movement. So if you’re an EU citizen residing in Poland or Romania or wherever, that member state must grant your non-EU husband/wife the right to reside there with you (because that’s based on the union law, not local law), irrespective of whether such marraige would be possible under the local law.
Poland can easily implement a similar system to what Croatia or Italy have. The rest is just noise or excuses for discrimination.