Judge Iwona Tchórzewska of the Lublin Provincial Administrative Court handed down a ruling on April 29 that will reverberate through Poland's ongoing battles over the rule of law, democratic values, and the country's relationship with the European Union. The court ordered Polish authorities to recognize the marriage of Alicja and Jolanta Prochowicz-Sienkiewicz, who wed in Portugal in July 2023 and returned to Poland seeking official recognition.
The decision, reported by Notes from Poland, represents the first time a Polish court has ordered recognition for a Poland-based couple who specifically traveled abroad to marry—a distinction that carries profound implications for LGBTQ rights in a country where same-sex unions remain entirely unrecognized.
In Poland, as across Central Europe, history is never far from the surface—and neither is the memory of occupation. The judicial ruling touches on deeply held Polish concerns about sovereignty and national identity, even as it underscores the primacy of European law over domestic constitutional provisions.
EU Law Trumps Constitutional Objections
Judge Tchórzewska's ruling directly confronted Article 18 of Poland's constitution, which defines marriage as "a union of a man and a woman." Conservative politicians and legal scholars have long cited this provision as an absolute barrier to recognizing same-sex marriages.
The court dismissed this argument, finding that "recognition of a marriage legally concluded abroad by transferring this certificate by transcription does not violate constitutional principles." More significantly, the ruling emphasized that EU member states must ensure the full effectiveness of European norms—a principle that overrides conflicting domestic law.
This reasoning draws directly from a November 2025 Court of Justice of the European Union decision that ordered Poland to recognize same-sex marriages conducted in other member states. The Lublin court also cited a March 2026 Supreme Administrative Court ruling on a similar case, suggesting a coordinated judicial strategy to implement European legal standards despite political resistance.
