The Court of the European Union ruled that Poland is obliged to recognize the same-sex marriage contracted in Germany. The complaint was filed by Polish citizens who married in Berlin seven years ago, but upon returning home, Polish authorities refused to register their union. According to the new court ruling, same-sex marriages contracted in any EU country must be recognized in other countries of the bloc, reports the program "900 Seconds" (TV3).
The decision of the EU Court stipulates that member states are obliged to recognize same-sex marriages contracted in other EU countries if the couple lived there and officially registered their marriage.
This means that couples who have lived, worked, or studied long enough in another EU country and married there will receive the same rights upon returning to Latvia as local spouses.
Juris Zalitis explains that this is not about partnership relationships: "The Court of the European Union stated that rights must be fully equated to those provided by marriage."
This includes records of marital status, name changes, issues of citizenship and migration, as well as inheritance rights – elements that are not provided by the partnership institution in Latvia.
Although the Ministry of Justice of Latvia initially stated that this decision does not apply to Latvia due to the existence of partnership regulations, Zalitis believes that such a position is unfounded. He emphasizes that this matter concerns the freedom of movement, which falls under the EU's competence:
"The EU Court ruled that marriage must be recognized fully and to the extent that it is recognized in the country of conclusion."
However, couples will not be able to simply "go for a weekend to Estonia to get married," but marriages contracted after actual residence or work in another EU country will have to be recognized by Latvia.
Zalitis predicts that this decision will activate political discussions, especially ahead of the elections. However, he reminds that the decision has legal force:
"If the state does not comply or partially complies, people will go to court, and the European Commission may initiate infringement proceedings against Latvia."
Meanwhile, in Poland, this decision is seen as an important turning point, and Polish NGOs are already interested in the Latvian model of partnership to implement a similar solution in their country.
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