The Attorney General fully accepts the jurisprudence of the Court of Justice of the European Union and the European Court of Human Rights. It unequivocally establishes that civil status acts and the associated norms concerning marriage fall under the competence of member states, which have the freedom to introduce regulations regarding same-sex marriages in their national law.

However, the exercise of these competencies by the state must not violate the European Union’s right to free movement and residence within the territories of the member states, which should result in the recognition of a person’s civil status established in another member state (respect for human dignity, Article 1 of the Charter of Fundamental Rights of the European Union).

This marks a breakthrough in the matter of LGBT rights. It is also a response to the information published by the writer Renata Lis. Lis, together with her wife, filed an application for the transcription of a marriage certificate concluded abroad. The Deputy Registrar, in accordance with the instructions of Zbigniew Ziobro from 2017 and 2020, notified the prosecutor’s office. The then Attorney General’s directive instructed prosecutors to join the court proceedings to monitor them.

Now, Dariusz Korneluk, the National Public Prosecutor, has revoked these decisions issued by Ziobro and has consequently recommended the recognition of such a certificate. As stated in the information on the National Public Prosecutor’s website: “The decision of the National Public Prosecutor was supported by the position of the Attorney General Adam Bodnar, which was communicated to all prosecutors performing duties in the scope of non-criminal activities of the prosecutor’s office.”

This text by Magdalena Chrzczonowicz was published in OKO.press on June 22, 2024.

https://oko.press/na-zywo/na-zywo-relacja/prokurator-krajowy-zaleca-transkrypcje-zagranicznych-aktow-malzenstwa-osob-tej-samej-plci