EU Court Ruling Forces Bulgaria to Recognize Same-Sex Marriages Performed Abroad

The Court of Justice of the European Union (CJEU) ruled that all EU member states are required to recognize same-sex marriages legally conducted in another EU country for the purposes of rights derived from European law. The decision, announced by the court’s press center in Luxembourg, arose from a case involving two Polish citizens married in Germany, whose marriage certificate was rejected by Polish authorities due to Poland’s national law not allowing same-sex marriage - a situation mirrored in Bulgaria.

The court emphasized that refusing to recognize such marriages infringes fundamental rights protected under EU law, particularly the freedom of movement and residence. It stated that when citizens form a family in one member state and return to their country of origin, they must be able to continue their family life there. While EU countries retain sovereignty over their domestic marriage laws, they cannot disregard legal statuses acquired in other EU states. If recognition requires re-registering the marriage, administrations must do so without discrimination.

For Bulgaria, this ruling is binding and obliges the state to recognize same-sex marriages performed abroad, even though the national constitution defines marriage as a union between a man and a woman. While the decision does not change Bulgaria’s domestic definition of marriage, it requires the government to acknowledge the administrative consequences of foreign same-sex marriages.

In practical terms, Bulgarian authorities must treat such couples as families for EU-related rights. These include the spouse’s right of residence, family reunification, social and healthcare entitlements, inheritance rights, and administrative procedures tied to free movement. The ruling prevents Bulgarian authorities from denying services or rights to couples legally married elsewhere in the EU on the grounds that they do not constitute a family under the Bulgarian Family Code. Legal experts note that this decision will necessitate updates to administrative procedures and civil status registers in Bulgaria to align with EU law.