The judgement of the Court of Justice of the European Union, on which the NSA relied on the alleged transcription of deviating marriages, was issued in breach of the competences of the TEU. associate States have never transferred competence to the EU in the field of matrimony and household law. This conviction does not mean an unconditional work to registry – the head of the civilian State Office is obliged to refuse it erstwhile the paper is contrary to the fundamental principles of the Polish legal order, and specified rules include the inviolability of marriage.
Transcriptions of LGBT marriages are illegal. Page Ordo Iuris Institute The legal opinion on the admissibility of the transcription of abroad acts of single-sex matrimony to the Polish legal order was published. The authors of the paper indicate that the current Constitution of Poland does not predict the anticipation of specified relations being considered a matrimony within the meaning of Polish law, due to the fact that Article 18 of the Constitution defines matrimony as a union between a female and a man.
The judgement of the TEU was created by an entity not entitled to make Polish law, in violation of the rule of division of power (Article 10 of the Constitution of the Republic of Poland), the principles of legalism (Article 7 of the Constitution of the Republic of Poland) and the fundamental principles of the social strategy of the Republic of Poland (Article 18 of the Constitution of the Republic of Poland). The constitutional position of matrimony belongs to the catalogue of competences not transmitted to transnational institutions under Article 90(1) of the Polish Constitution.
It is so unacceptable to challenge the exclusive position of matrimony in the Polish law-constitutional strategy through global agreements, or even more so through acts issued by the EU institutions.
The dispute around the transcription of abroad acts of deviating marriages has been in Poland for years. Anti-culture supporters argue that this is only about administrative confirmation of existing civilian position of citizens abroad. However, opponents point out that transcription is not a neutral method function, but a form of designation of the legal effects of the relationship, which the Polish constitutional strategy does not foresee.
According to the arguments put forward by lawyers related to Ordo Iuris, the admission of specified alerts by officials or administrations could mean circumventing the constitutional definition of matrimony through administrative or jurisprudence, despite the absence of legislative and constitutional changes.
The public debate is increasingly asking questions about the work of those taking decisions contrary to the constitutional order in force. First of all, it should be stressed that possible legal liability can only be established by the competent authorities of the State and the courts, after an individual analysis of the circumstantial actions and the provisions in force. Future charges against circumstantial persons without valid judicial and judicial arrangements cannot be prejudged.
The discussion on this issue remains 1 of the most crucial systemic and cultural disputes of fresh years. It concerns not only the definition of matrimony itself, but besides the limits of the powers of courts, offices and state institutions in relation to the provisions of the Constitution of Poland.
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