Obstáculos nacionales al matrimonio entre personas del mismo sexo: a vueltas con la sentencia C-713/23 del Tribunal de Justicia de la Unión Europea

This paper offers an analytical overview of the Wojewoda Mazowiecki judgment (C-713/23), in which the Court of Justice of the European Union affirmed the obligation of Member States to recognize and register same-sex marriages celebrated in another Member State, for the purposes of the effective exercise of the freedom of movement and residence of Union citizens. The Court refers to the principle of the “effective effect” of derived rights and links this principle to the need to guarantee the continuity of family life, highlighting Articles 7 and 21 of the Charter, Articles 20 and 21 TFEU, and the case law of the European Court of Human Rights (ECHR) on the right to respect for private and family life. While recognizing state competence in family law matters, the Court of Justice affirms that the refusal to recognize a same-sex marriage validly contracted abroad constitutes an unjustifiable restriction on freedom of movement, as it creates serious administrative inconveniences. The absence of any regulations in this regard constitutes discrimination based on sexual orientation. The judgment is consistent with Coman, but broadens its scope, establishing a genuine right to transcription as a necessary condition for the effective exercise of EU citizens' rights.