Poland’s Prime Minister Donald Tusk says the European Union cannot impose rules on Poland after the Court of Justice ruled a member state must recognise same‑sex marriages performed legally elsewhere.
Prime Minister seeks analysis of the ruling
Donald Tusk asked Foreign Minister Radosław Sikorski to prepare a comprehensive briefing on the implications of the EU Court’s decision. The ruling obliges member states to recognise same‑sex marriages legally performed in another EU country, even if the home country does not allow such unions.
The EU cannot impose anything on us in this matter
Tusk stressed that the ruling does not constrain Poland’s sovereignty in creating laws on partnerships and marriages, declaring that the EU cannot impose anything in this area and that Poland is drafting its own regulations reflecting the will of the majority.
Government prepares its own solutions
In October, the government introduced a draft law on the status of a close person to regulate alimony, access to medical information, joint settlements, and other rights for same‑sex couples. This element of the coalition’s 2023 programme finally reached a compromise after two years.
We respect rulings but within Polish law
Tusk reaffirmed that Poland will observe the EU Court ruling while applying it within the framework of domestic law, noting that the decision affects only those residing abroad and involving Polish residents, while also recognising that Polish authorities often must interpret EU judgments.
Case of two men from Berlin
The ECJ ruling stems from a case involving two men who married in Berlin in 2018 and sought to relocate to Poland. The Polish civil registry refused to register their marriage, prompting the National Health and Social Welfare Agency to bring the issue before the EU Court, which held that such refusal contravenes EU freedom of movement and family‑life provisions.