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Slovak Constitutional Court refers same-sex marriage question to CJEU
The Slovak Constitutional Court has referred a preliminary question to the Court of Justice of the European Union (CJEU) regarding the intersection of same-sex marriage and EU citizenship. The inquiry focuses on whether an EU citizen can lose their citizenship due to marrying a person of the same sex in a non-EU state, which results in the acquisition of a foreign nationality, in a manner that contradicts EU treaties.
This legal development follows reports of tension between Slovakia and EU mandates. A same-sex couple married in Austria reported that the Slovak government rejected their application to register their marriage in the national civil register. The couple alleged that the rejection involved direct intervention from the Ministry of Interior and Prime Minister Robert Fico.
Slovakia’s current constitutional framework defines marriage strictly as a union between a man and a woman. Recent constitutional amendments in the country have also asserted that national sovereignty in cultural and ethical matters may override certain legal commitments to the European Union.
Entities
Constitutional Court of the Slovak Republic · Court of Justice of the European Union · Matúš Šutaj Eštok · Robert Fico · Slovak Constitutional Court · Slovakia · United Kingdom
Claims
What the coverage asserts, and how well corroborated each claim is across sources.
- [○ 1 SOURCE] Prime Minister Robert Fico amended the Slovak Constitution to define marriage exclusively as a union between a man and a woman. qnews.com.au
- [○ 1 SOURCE] The legal question concerns whether an EU citizen loses their citizenship if they marry a person of the same sex in a non-EU state, resulting in the acquisition of a foreign nationality. www.24hod.sk
- [○ 1 SOURCE] The Slovak Constitutional Court has submitted a preliminary question to the CJEU regarding same-sex marriage and citizenship. www.24hod.sk
- [○ 1 SOURCE] A same-sex couple married in Austria reported that the Slovak government rejected their application to register the marriage in Slovakia. qnews.com.au
- [○ 1 SOURCE] The Slovak constitutional amendment includes language asserting that national sovereignty in cultural and ethical matters can override EU legal commitments. qnews.com.au