The Court of Justice of the European Union (CJEU) ruled in a landmark case on Tuesday that Poland has an obligation to recognize the same-sex marriage concluded between two Union citizens in another Member State upon their return.
The CJEU concluded in the Wojewoda Mazowiecki judgement that failing to recognize the marriage of a same-sex couple would hinder the Union citizen’s rights to move and reside freely in another Member State under Article 20(2)(a) and 21 of the Treaty on the Functioning of the EU ( TFEU ). Accordingly, refusing to recognize the marriage would create serious inconvenience at the administrative, personal, and professional levels, including obstacles for the couple to regulate their own family life.
The court specifically held that the judgment does not entail

Jurist

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