http://hdl.handle.net/11320/13928 Mon, 01 Jun 2026 21:30:41 GMT 2026-06-01T21:30:41Z http://hdl.handle.net/11320/13943 Tytuł: Rodzicielstwo osób tej samej płci w orzecznictwie Trybunału Sprawiedliwości Unii Europejskiej – glosa do wyroku TSUE z dnia 14 grudnia 2021 r. w sprawie C-490/20 Autorzy: Wojewoda, Michał Abstrakt: In its judgment of 14 December 2021, the Court of Justice of the European Union ruled that in the case of a child who is a Union citizen and whose birth certificate, issued in the host Member State, designates as that child’s parents two persons of the same sex, the Member State of which that child is a national is obliged (i) to issue to that child an identity card or a passport without requiring a birth certificate to be drawn up beforehand by its national authorities, and (ii) to recognise the document from the host Member State that permits that child to exercise, with each of those two persons, the child’s right to move and reside freely within the EU territory. In its commentary, the author supports the CJEU ruling, observing that it continues the line of reasoning adopted in the Coman case of 2018. The Court attempts to strike a balance between the EU freedoms and the necessity to respect the national identity of Member States that are free to shape their family law without accepting the liberal concepts such us parentage of same-sex persons or homosexual marriages. Additionally, when wondering about the consequences of the ruling for Poland, the author puts forward a thesis that the current practice of Polish organs, resulting from the resolution of the Supreme Administrative Court of 2 December 2019, is consistent with the EU law. Although children of Polish nationality, with same-sex parents, cannot expect their foreign birth records to be transcribed into the civil status register in Poland, they may nevertheless obtain a Polish identity card or passport. Sat, 01 Jan 2022 00:00:00 GMT http://hdl.handle.net/11320/13943 2022-01-01T00:00:00Z http://hdl.handle.net/11320/13942 Tytuł: Commentary to the Judgment of the European Court of Human Rights of 16 September 2021 in the Case of X v. Poland (appl. no. 20741/10) Autorzy: Gronowska, Bożena Abstrakt: At first sight, the commented judgment raises serious dilemmas regarding the basic attitudes of some parts of the Polish society towards a traditional model of marriage and of family relations in confrontation with same-sex emotional bonds. The complicated factual picture of the case comprises both the adult family members and, even more importantly, the minors who are facing the break-up of their family. The European Court of Human Rights tried to properly connect and find a fair balance of all the colliding interests, with necessary exposition of the rights of the youngest child involved in this difficult situation. Dealing with the case the European Court of Human Rights obviously was under the influence of its margin of appreciation doctrine, which is traditionally very important in cases with socalled ‘moral’ content. While approving the final verdict the present commentary confronts mainly the divergent opinion to the judgment, written by the Polish judge, who – as the only one – took a different view to the other members of the Chamber. Sat, 01 Jan 2022 00:00:00 GMT http://hdl.handle.net/11320/13942 2022-01-01T00:00:00Z http://hdl.handle.net/11320/13941 Tytuł: Private Autonomy and Family Public Policy in Italy Autorzy: Liberati Buccianti, Giovanni Abstrakt: The article deals with the general clause of public policy in Italian family law. It analyses the recent case-law application of both international and internal public policy in the Italian legal system. Nowadays, public policy is used for protecting and developing the fundamental rights of individuals in the EU space. However, the content of this general clause is debated, and there are several theses (e.g. constitutional, discretionary, globalized public policy). Adhering to one concept rather than another has different consequences. Think, for example, of the recognition of double paternity acquired abroad through a surrogacy contract. Moreover, family public policy can be viewed both as public policy of the family (a general clause that protects the family rather than its members) and public policy in the family (a general clause that protects the fundamental rights of the individuals rather than the family). Subsequently, the article analyses prenuptial and postnuptial agreements in Italy. Italian jurisprudence considers both agreements invalid because they are in contradiction to public policy. The article suggests that families can use the contractual instrument. However, personal and patrimonial clauses in domestic family agreements need to be compatible both with the public policy of the family and public policy in the family. Ultimately, public policy becomes a tool attributed to ordinary judges for guaranteeing widespread constitutional legality. Sat, 01 Jan 2022 00:00:00 GMT http://hdl.handle.net/11320/13941 2022-01-01T00:00:00Z http://hdl.handle.net/11320/13940 Tytuł: Family Income Taxation Models in the Italian Legal System: Analysis and Perspectives Autorzy: Parente, Salvatore Antonello Abstrakt: In the regime of sources of Italian law, the taxation of family income has undergone profound changes, in line with the 1975 family law reform, which marked the transition from the patriarchal family, based on the figure of the pater familias, to the nuclear family, composed of spouses and children. Also thanks to the intervention of the Constitutional Court, the model of legal cumulation, in which the husband, in his role as head of the family, was taxed on the income produced by the members of the household, was followed by the system of decumulation, characterized by individual (or separate) taxation of the income produced by each family member. The essay analyses the taxation regime of family income in the Italian legal system, examining its compatibility with the principle of ability to pay, foundation and limit of taxation. Sat, 01 Jan 2022 00:00:00 GMT http://hdl.handle.net/11320/13940 2022-01-01T00:00:00Z