Polish leaders decry EU court ruling as overreach into national family law

 

EWTN News, Dec 9, 2025 / 09:00 am (CNA).

Conservative factions across Europe have responded with concern to a recent ruling by the European Union’s Court of Justice requiring Poland to recognize “same-sex marriages” performed in other EU member states, despite such unions having no legal status under Polish law.

The situation arose when two Polish citizens who had “married” in Germany in 2018 returned to Poland and requested that officials register their union in the country’s civil records. Polish authorities declined, explaining that national law did not provide legal recognition for “same-sex couples.”

Following this legal challenge, a Polish court referred the matter to the Court of Justice of the European Union (CJEU) in Luxembourg for clarification on how EU law should be interpreted. It is a standard procedure available to national courts before issuing their own rulings.

In its November ruling, the CJEU determined that refusing to recognize a “marriage” between two EU citizens lawfully concluded in another member state violates EU law by infringing on freedom of movement and the right to respect for private and family life. The court stated that member states must recognize marital status lawfully acquired in another EU country for the purpose of exercising rights conferred by EU law.

Concerns over sovereignty

The ruling has sparked immediate and strong criticism from Polish leaders and advocacy organizations, who view it as a significant overreach into matters of national competence.

Olivier Bault, communications director for Ordo Iuris, an international institute focused on life, family, and national sovereignty issues, responded to the ruling as “yet another overreach by the Court of Justice of the European Union.”

Bault said that family matters are reserved for member states under EU treaties, stressing that all 27 nations had ratified through their democratic institutions the principle that “each of them has a right of veto over any decision regulating marriage or family matters at the EU level.” He contended the court invoked broadly interpreted rights like freedom of movement and private life to regulate areas meant to fall under national rather than EU law.

Addressing concerns about the precedent this decision may set, Bault noted that in theory the ruling should have no impact in Poland, where the constitution defines marriage as a union between a man and a woman. He pointed out that Poland’s Constitutional Tribunal has previously affirmed the supremacy of the Polish Constitution over EU law and CJEU interpretations.

Going further, Bault added that similar constitutional supremacy positions have been taken by the highest courts in Germany, France, Italy, Spain, Denmark, the Czech Republic, and Romania, particularly regarding CJEU rulings that imply sovereignty transfers not previously approved through democratic procedures.

Political reactions

These sovereignty concerns have been forcefully echoed by senior Polish political figures across the spectrum. Former prime minister Mateusz Morawiecki criticized the CJEU ruling as a deep interference in member state affairs with significant implications for Polish families.

He drew a pointed analogy to drug legalization, arguing that the court’s logic would be equivalent to requiring Poland to accept drug imports simply because countries like the Netherlands have legalized them. Morawiecki said that Poland cannot consent to such impositions and that national sovereignty remains fundamental to member state functioning.

The criticism has extended to Poland’s representatives in Brussels. Polish members of the European Parliament also voiced strong opposition to the decision. Among them, Tobiasz Bocheński characterized the decision as “an example of the attack on the rule of law,” arguing that it deprives Polish citizens and others of the right to determine their own future and therefore fails to respect democracy or freedom.

Adding to the chorus of opposition, former Polish presidential candidate Krzysztof Bosak publicly reaffirmed the importance of the natural family in Polish society, stating that only a man and a woman can marry and start a family. Bosak stressed that opposing the legalization of “same-sex marriage” does not mean people living with same-sex attraction should be treated with disrespect or any type of aggression.

Regional implications

The ruling has prompted wider regional discussions across Eastern and Central Europe, where “same-sex marriage” remains either unrecognized or unregulated in most countries.

In neighboring Lithuania, which shares both a border and significant cultural ties with Poland, Justice Minister Rita Tamašunienė addressed the decision by clarifying that “this obligation does not mean that national law must provide for same-sex marriage.” Tamašunienė belongs to the Lithuanian Polish Electoral Action-Union of Christian Families, a faction within the current ruling coalition that has explicitly carved out certain issues it will not support, including the legalization of partnerships and “same-sex marriage,” as part of the coalition agreement. The coalition receives strong support from Lithuania’s Polish minority.

The Catholic Church affirms that marriage is the exclusive union of one man and one woman, as the prefect of the Dicastery for the Doctrine of the Faith, Cardinal Victor Manuel Fernández, reiterated Nov. 25 during the presentation in Rome of the document titled “Una Caro (One Flesh): In Praise of Monogamy.”

The EU court’s decision highlights growing tensions between EU institutions and member states over issues touching on national identity and values. As similar cases may arise in other Central and Eastern European nations with traditional marriage laws, the ruling could become a flashpoint in ongoing debates about the limits of EU authority and the preservation of national sovereignty in matters of family law.