Między konstytucyjną ochroną małżeństwa a prawem unijnym: analiza podstaw pytania prejudycjalnego NSA w sprawie II OSK 216/21
Between constitutional protection of marriage and EU law: analysis of the grounds for the preliminary ruling request by the Supreme Administrative Court in case II OSK 216/21

Summary/Abstract: The issue in question concerns a legal dispute over the obligation to transcribe foreign same-sex marriage certificates in Poland in the context of a conflict between Article 18 of the Polish Constitution and European Union law. The analysis focuses on the decision of the Supreme Administrative Court of November 8, 2023 (II OSK 216/21), which referred a question to the CJEU for a preliminary ruling on whether the refusal to transcribe same-sex marriage certificates violates the EU right to free movement and residence and the principle of non-discrimination. The publication is part of a broader discourse on the conflict between constitutional identity and EU standards for the protection of fundamental rights. The CJEU’s ruling may be of key importance for administrative practice in Poland and other EU countries.

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