Journal of the Charles University Law Faculty
Ivo Šlosarčík
Author’s affiliation:
Faculty od social sciences
Same-Sex Marriage, Non Discrimination, and Constitutional Autonomy After Trojan Case
Jurisprudence 3/2026 Section: Articles Page: 1-9
Keywords: marriage – civil partnership – citizenship of the EU – Romania – Poland – Court of Justice of the EU – Charter of Fundamental Rights of the European Union – constitutional identity
Abstract: The article analyses the development of the case law of the Court of Justice of the European Union concerning (non)recognition of same-sex marriages by EU states from Coman (2018) to Trojan (2025) cases. While in the first case, the court's reasoning was based on the restrictive impact of the non-recognition of same-sex marriage on the mobility of EU citizens guaranteed by Article 21 TFEU, in the more recent case, the EU judges expanded their reasoning to include Article 21 of the Charter of Fundamental Rights of the EU, which prohibits discrimination on grounds of sexual orientation. The article concludes with a discussion of Poland's possible reaction to the Trojan judgment and the risk of a conflict between the requirements of EU law and the definition of marriage in the Polish Constitution.
