8/11/22, 9:16 AM CURIA - Documents ‘Everyone has the right to respect for his or her private and family life, home and communications.’ 8 Under Article 21(1) of the Charter, ‘any discrimination based on any ground such as sex, race, colour, ethnic or social origin, genetic features, language, religion or belief, political or any other opinion, membership of a national minority, property, birth, disability, age or sexual orientation shall be prohibited’. 9 Article 24 of the Charter, entitled ‘The rights of the child’, is worded as follows: ‘1. Children shall have the right to such protection and care as is necessary for their well-being. They may express their views freely. Such views shall be taken into consideration on matters which concern them in accordance with their age and maturity. 2. In all actions relating to children, whether taken by public authorities or private institutions, the child’s best interests must be a primary consideration. 3. Every child shall have the right to maintain on a regular basis a personal relationship and direct contact with both his or her parents, unless that is contrary to his or her interests.’ Directive 2004/38/EC 10 Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States amending Regulation (EEC) No 1612/68 and repealing Directives 64/221/EEC, 68/360/EEC, 72/194/EEC, 73/148/EEC, 75/34/EEC, 75/35/EEC, 90/364/EEC, 90/365/EEC and 93/96/EEC (OJ 2004 L 158, p. 77, and corrigendum OJ 2004 L 229, p. 35) provides in Article 4 thereof, entitled ‘Right of exit’: ‘1. Without prejudice to the provisions on travel documents applicable to national border controls, all Union citizens with a valid identity card or passport and their family members who are not nationals of a Member State and who hold a valid passport shall have the right to leave the territory of a Member State to travel to another Member State. … 3. Member States shall, acting in accordance with their laws, issue to their own nationals, and renew, an identity card or passport stating their nationality. 4. The passport shall be valid at least for all Member States and for countries through which the holder must pass when travelling between Member States. …’ Polish law 11 Article 18 of the Konstytucja Rzeczypospolitej Polskiej (Constitution of the Republic of Poland) is worded as follows: ‘Marriage, being a union of a man and a woman, as well as the family, motherhood and parenthood, shall be placed under the protection and care of the Republic of Poland.’ 12 Article 7 of the ustawa – Prawo prywatne międzynarodowe (Law on Private International Law) of 4 February 2011 (consolidated version) (Dz. U. of 2015, item 1792) provides: ‘Foreign law shall not apply if the effects of its application would be contrary to the fundamental principles of the legal order of the Republic of Poland.’ 13 Article 104(5) of the ustawa – Prawo o aktach stanu cywilnego (Law on Civil Status Records) of 28 November 2014 (consolidated version) (Dz. U. of 2020, item 463), as amended, provides: ‘Transcription shall be compulsory if the Polish citizen concerned by a foreign civil status document has a civil status record confirming previous events which was drawn up in Poland and if he or she https://curia.europa.eu/juris/document/document_print.jsf?mode=DOC&pageIndex=0&docid=262081&part=1&doclang=EN&text=&dir=&occ=first… 3/9