Transkrypcja zagranicznego aktu małżeństwa osób tej samej płci
The transcription of a same-sex couple’s foreign marriage certificate

Author(s): Filip Pańczyk
Subject(s): Administrative Law
Published by: Wydawnictwa Uniwersytetu Warszawskiego
Keywords: same-sex marriage; registered partnership; transcription; marriage certificate; public order clause
Summary/Abstract: The transcription of a certificate of same-sex marriage contracted abroad, even though it is not a new problem, still generates considerable controversy. Administrative courts, adopting views of the overwhelming majority of doctrine, consider transcription of such an act as inadmissible, giving as a reason its contradiction with fundamental principles of the Polish legal order. Therefore, within the framework of this article, an analysis of Article 18 of the Polish Constitution is presented, with particular emphasis on the positions of those representatives of science who do not see this article as an obstacle to institutionalizing same-sex partnerships. The institution of transcription itself, the public order clause and question of evidentiary force of foreign official documents were also characterized. A proper place was also devoted to the jurisprudence of administrative courts, presenting established line of judicature and a „precedent” judgment breaking out of it. Attention was also paid to the highly relevant European Court of Human Rights’ case law, implementation of which could make the problem addressed in this study, at least partially, outdated.

• Details
• Contents