Important decision
The Court of Justice of the European Union has ruled that Member States must recognise marriages of same-sex couples contracted in another EU country – even if their own law does not allow same-sex marriages. The ruling applies to the case of Poland, but it also affects the Czech Republic: the Czech authorities should now not just “convert” a foreign marriage into a registered partnership, but recognise it as a full-fledged marriage.
The case concerned two Polish citizens who got married in Germany in 2018 and asked for the German marriage certificate to be transcribed into the Polish register at home. The authorities refused their request, citing the constitutional definition of marriage as the union of a man and a woman. However, the Court stressed that while states have their own competence in the area of family law, in exercising that competence they must respect EU law, in particular freedom of movement and the right to private and family life. A same-sex couple living as husband and wife in one Member State must be able to continue that status after returning to their country of origin.
The judgment also has implications for Czech practice. Until now, marriages of same-sex couples contracted abroad are often registered as registered partnerships “on a par with marriage”. However, according to civil law experts, such a marriage will now have to be registered as a marriage, with all the legal consequences. The We Are Fair initiative welcomes the verdict as confirmation that equal marriage is the standard in the EU and expects the decision to accelerate the debate on marriage for all in the Czech Republic. Some politicians, on the other hand, warn against the “imposition” of family policy from the EU level. But one thing is clear: ignoring the verdict would expose the Czech Republic to the risk of proceedings for violation of EU law.
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