A recent ruling by the Court of Justice of the European Union obliges member states to recognize marriages between persons of the same sex legally concluded in other EU countries.

A recent ruling by the Court of Justice of the European Union (CJEU) establishes that member states must recognize marriages between persons of the same sex legally concluded in other EU countries. The decision was obtained by a family from Poland who requested recognition of their marriage officiated in Germany. The CJEU clarifies that, although states are not obliged to officiate marriages between persons of the same sex, they must recognize the marital status legally acquired in another member state. This means that if a state has a single method of recognition, such as the transcription of the marriage certificate, this procedure must be applied without discrimination.

In Romania, where the recognition of marriages between persons of the same sex has been denied on the grounds of discrimination, the CJEU ruling imposes on the authorities to respect the rights of EU citizens. The refusal to transcribe marriages between persons of the same sex thus becomes a violation of fundamental rights. The ACCEPT Association emphasizes that EU law applies directly, and Romania cannot invoke the lack of internal legislation to justify this discrimination. Additionally, a recent ruling by the Romanian court obliges the authorities to recognize all families formed by persons of the same sex, thereby strengthening their rights.