CJEU Case C-713/23 / Opinion
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CJEU Case C-713/23 / Opinion
Key facts of the case:
Reference for a preliminary ruling – Citizenship of the Union – Right to move and reside freely within the territory of the Member States – Marriage between two citizens of the Union of the same sex – Obligation on the part of the Member State of origin of those citizens to recognise and transcribe the marriage certificate drawn up in another Member State – National legislation or practice of the Member State of origin not permitting the recognition and entry in a civil register of a certificate of marriage between persons of the same sex
Outcome of the case:
In the light of all the foregoing considerations, I propose that the Court answer the question referred for a preliminary ruling by the Naczelny Sąd Administracyjny (Supreme Administrative Court, Poland) as follows:
Article 20 and Article 21(1) TFEU, read in the light of Article 7 of the Charter of Fundamental Rights of the European Union, must be interpreted as not precluding legislation of the Member State of which a Union citizen is a national that does not permit the transcription into a civil register of his or her certificate of marriage to a person of the same sex, which was drawn up lawfully in another Member State, when exercising his or her freedom of movement and residence, where there are other means in the first Member State of ensuring that persons of the same sex are able to obtain recognition of their marriage by third parties.
By contrast, they preclude legislation or the practice of a Member State of which a Union citizen is a national that does not permit the recognition of his or her marriage – by any means or document that proves a marital relationship and the chosen surname of the married persons – which was lawfully concluded in another Member State with a person of the same sex, when exercising his or her freedom of movement and residence, on the ground that the first Member State does not provide for such a marriage.
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Paragraphs referring to EU Charter
24. By its question, the referring court asks, in essence, the Court whether Article 20 and Article 21(1) TFEU, read in the light of Article 7 of the Charter, (19) must be interpreted as precluding a Member State’s legislation or practice which permits neither the recognition of a Union citizen’s marriage, concluded lawfully in another Member State in the exercise of his or her freedom of movement and residence, nor the transcription of his or her marriage certificate into a civil register, on the ground that marriage between persons of the same sex is not provided for in the first Member State.
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33. In that situation, the right to respect for private and family life guaranteed by Article 7 of the Charter is also fundamental.
34. According to Article 52(3) of the Charter, the rights guaranteed in Article 7 of the Charter are to have the same meaning and scope as those guaranteed in Article 8 ECHR.
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61. In the light of all the foregoing considerations, I propose that the Court answer the question referred for a preliminary ruling by the Naczelny Sąd Administracyjny (Supreme Administrative Court, Poland) as follows:
Article 20 and Article 21(1) TFEU, read in the light of Article 7 of the Charter of Fundamental Rights of the European Union, must be interpreted as not precluding legislation of the Member State of which a Union citizen is a national that does not permit the transcription into a civil register of his or her certificate of marriage to a person of the same sex, which was drawn up lawfully in another Member State, when exercising his or her freedom of movement and residence, where there are other means in the first Member State of ensuring that persons of the same sex are able to obtain recognition of their marriage by third parties.
By contrast, they preclude legislation or the practice of a Member State of which a Union citizen is a national that does not permit the recognition of his or her marriage – by any means or document that proves a marital relationship and the chosen surname of the married persons – which was lawfully concluded in another Member State with a person of the same sex, when exercising his or her freedom of movement and residence, on the ground that the first Member State does not provide for such a marriage.
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Paragraphs referring to EU Charter (original language)