Interior Ministry: Ministry Cannot Register Foreign Same-sex Marriages

Bratislava, 31 July (TASR) - Following a warning issued by Prosecutor-General Maros Zilinka, Slovakia's Interior Ministry has stated that Under the current legal framework it cannot register same-sex marriages concluded abroad in the country's special registry as marriages and that it will inform applicants accordingly, ministry spokesperson Matej Neumann told TASR on Friday. Neumann said that the ministry assesses each application on the basis of the Slovak Constitution, the Family Act, the Registry Act and Slovakia's obligations under European Union law. "Regardless of legal and social debates on the scope of the legal effects of same-sex unions, the Interior Ministry, as an executive authority, is obliged to act in accordance with the legal framework in force at the time of its decision-making and to respect the constitutional and statutory limits of its powers," the ministry stated. It added that its administrative and registration activities cannot override decisions made by the legislature, as this would be incompatible with the principle of the separation of powers and, above all, with the constitutional principle of legality in the exercise of public authority. Interior Minister Matus Sutaj Estok (Voice-SD) said that he's bound by the Constitution and the law in carrying out his duties. "The ministry cannot, through an administrative procedure, exceed the limits of the powers granted to executive authorities by the Constitution and legislation. We can't create a new legal status by our own decisions or override the decision-making of Parliament," he said. Last week, Prosecutor-General Maros Zilinka issued two formal warnings to the Interior Ministry over its failure to act within the statutory deadline concerning applications by same-sex couples seeking to register marriages concluded in Austria in the special registry. According to Zilinka, the ministry is obliged to decide on the applications without undue delay and to notify applicants whether registration has been carried out or refused. mf/df