Przyszłość par jednopłciowych w Polsce – uwagi wybrane na kanwie wyroku ETPCz z dnia 19 września 2024 r. Formela i inni v. Polska oraz projektu ustawy o rejestrowanych związkach partnerskich z dnia 18 października 2024 r.
The future of same-sex couples in Poland – selected comments against the ECtHR judgement of 19 September 2024 Formela and Others v. Poland and the draft law on civil unions of 18 October 2024

Summary/Abstract: This study aims to shed light on the issue of institutionalizing same-sex marriage in Poland and reflects on the future of same-sex couples in Poland in light of the ruling in Formela and Others v. Poland and the latest draft law on registered partnerships. The social changes that have taken place in recent decades clearly indicate that there is no “one correct” definition of a relationship between two people. In addition to heterosexual marriages, there are also informal relationships between people of the same or different sexes. It should be noted that various types of same-sex relationships with various modifications have been and are being introduced into the legal systems of an increasing number of countries. In this regard, the situation in the Republic of Poland is particularly negative, as at the time of writing this publication, it does not recognize same-sex relationships or marriages. The recent judgment of the European Court of Human Rights deserves special attention in this regard. After twelve years, on September 19, 2024, it examined the first “Polish” complaint concerning the lack of institutionalization of same-sex unions (the case of K. Formela and S. Formela v. Poland, complaint No. 58828/12 filed with the ECtHR on August 31, 2012). When considering the future of same-sex unions in Poland, it is impossible to ignore the latest draft law on civil partnerships of October 18, 2024, which will introduce a new institution of family law – registered civil partnerships – and amend the content of over 200 laws in areas such as tax, copyright, inheritance, and criminal law.

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