11 February 2026
A Prematurely Hailed Victory
Last year, the CJEU issued a seminal ruling concerning cross-border recognition of same-sex marriages, obliging Poland to acknowledge such unions in the civil register. Given Poland’s legal architecture, marriage transcription alone will not enhance protection of same-sex couples. No rights granted to heterosexual couples by virtue of marriage will be conferred on same-sex couples following the transcription. For this to happen, recognition of same-sex marriages in the civil register must go in tandem with the adoption of a statutory regulation of same-sex unions. Continue reading >>
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22 December 2025
The CJEU Providing Ammo in the ECtHR Rainbow Fight
The issue in Cupriak-Trojan case arose when Poland refused to recognize a same-sex marriage legally concluded in another Member State. The ECtHR had already convicted Poland because same-sex partners cannot formalize their relationship under Polish law. Following these ECtHR convictions, the CJEU ruled that Poland must recognize same-sex marriages concluded in other Member States. This ammunition to enforce ECtHR’s convictions comes in two forms: mobilizing the national judges to recognize foreign same-sex marriages and gently pushing the Polish legislator towards passing the civil partnership bill into legislation. Continue reading >>22 December 2025
Trojan
On 25 November 2025, ECJ ruled in Trojan that EU Member States may not refuse to recognise a same-sex marriage lawfully concluded in another Member State. Such refusal violates the right to move and reside freely within the territory of the Member States. Unlike earlier judgments, the Trojan ruling marks a significant step towards full recognition of legal status across the EU. Hence, the duty of recognition no longer only refers to the formation of a civil status itself, but now also appears to extend to its legal effects. Continue reading >>
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