Fragments of Queer Identities and Ties: The EU Court of Justice in Wojewoda Mazowiecki (C-713/23)

The CJEU’s judgment in Wojewoda Mazowiecki established an obligation for the Member States to recognise a same-sex marriage concluded by two EU citizens during a period of residence in another Member State. On the one hand, this paper argues that the ruling advances the protection of LGBTIQA+ individuals under EU law. Unlike in its earlier case law, in Coman and Pancharevo, the Court did not limit the recognition obligation to free-movement purposes. In addition, this conclusion was grounded in a robust fundamental rights narrative, relying on both the CFREU and the ECHR. On the other hand, this judgment is also liable to increase the fragmentation of the legal status of Queer EU citizens in a free movement dimension. Beyond the well-known phenomenon of (reverse) discrimination between static and mobile citizens, an obligation of recognition that does not require transcription into civil status records seems liable to complicate the everyday life of Queer families. Likewise, the procedural discretion left to the Member States may result in a downgraded form of recognition, depending on the legal system of the Member State of destination.