Odmowa dokonania transkrypcji zagranicznego dokumentu stanu cywilnego jako środek ochrony polskiego porządku prawnego
Refusal to transcribe a foreign civil status document as a means of protecting the Polish legal order

Summary/Abstract: The article deals with the refusal to transcribe a foreign civil status document as a mechanism for protecting the Polish legal order. The author focuses on the dogmatic interpretation of the provisions of the Constitution of the Republic of Poland, the Law on Civil Status Records, the Private International Law and the case law of the Supreme Court and administrative courts. The purpose of the article is to show that the refusal to transcribe a foreign civil status document - in particular, a child's birth certificate or marriage certificate - can serve as a legitimate means of protecting domestic public order, especially in the context of the constitutional principles of protecting marriage as a union between a man and a woman and protecting the welfare of a child. The author stresses that public administration authorities have not only the right, but also the obligation to refuse transcription if the content of a foreign civil status document contradicts the basic principles of the Polish legal system. The final conclusion is the thesis that the institution of denial of transcription - applied in accordance with constitutionally protected public order - can act as a protective filter to ensure the compliance of civil status records with the axiological foundations of the Polish legal system. A special role in this process is played by the heads of civil registry offices, who, as the bodies of first contact with foreign documents, are obliged to assess their compliance with the basic principles of domestic law. Their decisions are an important part of the system for protecting the legal order and constitutional values. USC managers perform this task 'in the silence of official procedures' often without publicity, effectively protecting public order in ways that the public is not always aware of.

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