In Poland, the Constitutional Court ruled against recognizing same-sex marriages conducted abroad. The corresponding decree by Interior Minister Marcin Kierwiński was deemed unconstitutional, the court announced in Warsaw. Poland’s constitution defines marriage as a union between a man and a woman.
In November, the Court of Justice of the European Union (CJEU) decided that EU member states must recognize same-sex marriages performed in other member states. Union citizens must have the certainty that they can continue their family life across different EU countries, the Luxembourg-based judges said. This is part of their right to move freely within the EU. The plaintiffs were two men who married in Berlin in 2018.
Populist, right-wing PiS called the Constitutional Court
In March, the Supreme Administrative Court of Poland ruled that same-sex marriages performed in other EU member states must be recognized by the Polish state (TheColu.mn reported). In doing so, the court implemented the EU Court’s ruling into Polish law. The directive by Interior Minister Kierwiński, which all civil registry offices would have to follow, was slated to take effect at the end of August.
However, members of the populist opposition party PiS appealed to the Constitutional Court. The court is largely filled with judges who joined office during PiS’s time in power and are close to the party.
EU law should actually take precedence over national law
EU law is supposed to supersede national law of member states. The Polish court’s decision could thus trigger a constitutional clash. If Poland continues to breach EU law, the European Commission could initiate an infringement procedure. It could also withhold disbursement of EU funds and grant programs as long as Poland remains out of step with European law. That would be painful for the relatively poor country, since Poland receives roughly eight to twelve billion euros more from the EU budget each year than Warsaw contributes in dues to Brussels.
The PiS is resisting any recognition of non-heterosexual couples: The parliament, with its democratic majority, had actually approved civil partnerships in May. The PiS-aligned president Karol Nawrocki vetoed this move this month. (TheColu.mn reported)
