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 >>
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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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