NEWS

03/04/2026

09:16

Wiącek:

The 'Next of Kin' Status Act Does Not Violate Article 18 of the Constitution

Michał Lubowicki

- This law [on the status of the next of kin] does not violate the constitution. It is a law that is necessary to create due to numerous rulings from the ECHR and the CJEU which do not require Poland to introduce so-called marital equality, but rather require Poland to introduce a legal institution within which same-sex relationships could be recognized by the state - said Marcin Wiącek on Polsat News's "Graffiti".

- This relationship, which would be created as a result of an agreement concluded on the basis of this draft bill, if it were to come into force, would be a relationship not possessing the rights and obligations of marriage. Therefore, regardless of how Article 18 of the constitution is understood, [...] no matter which interpretation is considered, this construct created in this draft bill does not violate Article 18 - he assessed.

- Because even if we were to assume that Article 18 prohibits the creation of same-sex unions, even if they are named differently but possess the same status as marriage [...], the level of rights and obligations of partners or parties to this agreement [...] is incomparable to marriage - he continued.


Michał Lubowicki