Monday, January 19, 2026

To please the EU Polish government plans to violate its own constitution

 Last week, Poland began the process of adapting civil status documents to the ruling of the Court of Justice of the European Union (CJEU) from November 25, 2025.

The Ministry of Digital Affairs plays a key role in implementing the ruling, preparing a draft regulation amending the templates of documents issued from the civil registry. This is intended to enable the practical recognition of same-sex marriages legally concluded in other EU countries. 

Deputy Prime Minister Krzysztof Gawkowski emphasized that Poland is obligated to recognize such marriages. As he stressed, "this is a law that we must and want to apply."

To this statement promptly reacred former Minister of National Defence Mariusz Błaszczak from the opposition party. According to the politician, the claim that "Poland is obligated to recognize same-sex marriages" is inconsistent with the Polish Constitution. "According to Article 18 of the Constitution, marriage as a union of a woman and a man is under the protection and care of the Republic of Poland."

The former minister further emphasized that Krzysztof Gawkowski's reference to the ruling of the Court of Justice of the European Union as supposedly "clear" and absolutely binding with regard to Polish family policy is an abuse of power.

"The CJEU does not have the competence to interfere in the constitutionally defined model of marriage in the member states. The Union's competences in the area of ​​family law have not been transferred to it in the treaties, and pro-family policy and the status of marriage remain the domain of national states."

"No EU body is above the Polish Constitution, and a minister does not have the right to change the country's political system by decree."

- Based on reporting by Dorzeczy.