Poland delays implementation of EU Court order to transcribe foreign same‑sex marriages

The Court of Justice of the European Union (CJEU) ruled on 25 November 2025 that Poland must transcribe civil‑status records of same‑sex marriages performed in other EU states. Legal experts say the ruling is a purely technical obligation that does not require new legislation, only administrative action.

Polish authorities, led by Prime Minister Donald Tusk, have so far transcribed a single marriage – that of Jakub Cupriak‑Trojan and Mateusz Trojan – after an order from the Supreme Administrative Court in Warsaw. Ministers argue they are waiting for further rulings from three regional administrative courts before issuing a nationwide regulation, a stance criticized by opposition politicians who warn the delay could trigger infringement proceedings and possible EU fines.

Professors Jan Barcz, Ewa Łętowska and Marek Safjan have stressed that the CJEU decision must be executed promptly and that postponement offers no legal justification. The government’s cautious approach has sparked debate over the future recognition of same‑sex couples in Poland.