Polish authorities must recognize same-sex marriages from other EU states despite domestic laws, following a European Court of Justice ruling.
Legal Interpretations
Similar to partnerships, the concept of “family” used in Art. 446 para. 3 of the Civil Code is interpreted broadly by case law. The person closest referred to in Art. 115 para. 11 of the Penal Code may also apply to a partner. This reveals that only the Family and Guardianship Code lacks such solutions, maintaining the “boy and girl – normal family” model.
EU vs. Polish Law
Despite this, Polish authorities must recognize the legal effects of same-sex marriages legally concluded in other EU Member States as necessary to implement EU law. After the Court of Justice of the EU ruling of November 25, 2025, this extends to refusals of transcription.
The Gap Between Law and Reality
This discrepancy between what Polish law states and what actually applies exemplifies how Polish legislation fails to keep pace with life, or more precisely, how it deliberately avoids doing so, leaving many citizens in the shade.
International Pressure
The European Court of Human Rights in Strasbourg explicitly states that the absence of institutional protection for same-sex couples violates the right to private and family life. Consequently, pressure comes not only “from Brussels” but also from international human rights standards.