nie znają prawa, które mają obowiązek stosować, przeklejam fragment pisma, które wysmarowałam do ambasady włoskiej w mojej własnej sprawie (podwójne polsko-włoskie nazwisko po ślubie), może się komuś przyda, niestety jest in inglisz
"(...) Since my husband is Italian, I am Polish and we got married in Poland it is not only the Italian law to be considered. Even though the Italian law does not allow the double surnames, the Polish does. One has to bear in mind that:
1. Both Poland and Italy are members of European Union (which requires the mutual recognition of decisions in civil matters; see the details below);
2. Both Poland and Italy are members of ICCS (International Commission on Civil Status), which established Convention on the recognition of surnames (see the details below).
One of the fundamental objectives of the European Union is to offer its citizens an area of freedom, security and justice without internal borders. For individuals to be able to fully exercise their rights wherever they might be in the European Union, all the incompatibilities between judicial and administrative systems between Member States are to be removed. The cornerstone of Judicial co-operation in both civil and criminal matters is the principle of mutual recognition. All judicial decisions should be recognized and enforced in another Member State without any additional intermediate step, in other words, suppression of exequatur. One should bear in mind that he European Community is not merely a single market, but a single area of freedom, security and justice.
Consequently, in my opinion, the current practice of Italian authorities concerning the compound (double) surname has to be changed as soon as possible in order to avoid the violation of law. I consider the current administrative practice enables the Polish citizens to exercise their rights. The practice already in issue has no valid justification. It can also lead to a situation that a risk of confusion of my identity may arise. A discrepancy in surnames is liable to cause serious inconvenience for those concerned at both professional and private levels. In practical terms it can be obstacle for me to move between Member States and successively living, studying, working, completing administrative formalities, opening bank accounts and carrying out the many others transactions of everyday life. I can encounter administrative difficulties because I would bear a different name in different documents. My rights have already been restricted. Those practical difficulties constitute a clear obstacle to my rights as a EU citizen to move and reside freely within the territory of the Member States. The European Union citizens cannot be discouraged from exercising their rights by civil servants/administrative clerks. And it is totally incompatible with the status and rights of a citizen of the European Union to be required to bear different names under the laws of different Member States.
I strongly believe administrative obstacles cannot unable me (or other people in similar situation) from enjoying my rights as a European Union citizen. Such an administrative practice/procedure shall be stopped as soon as possible.
According to the rulings of European Court of Justice nationals of one Member State may rely on the right set out in Article 12, 17 and 18 of the European Union Treaty not to suffer discrimination on grounds of nationality in regard to the rules governing their surname. I am fully aware of the fact that the rules governing a person's surname are matters coming within the competence of the Member States, however, one have to bear in mind that, the Member States, when exercising that competence must comply with Community law, in particular with the Treaty provisions on the freedom of every citizen of the EU to move.
Any administrative authority of one Member State cannot refuse the application/registering of a surname, in the case where the purpose of that application is to enable a citizen to bear a surname to which it is entitled according to the law and tradition of the second Member State.
As a citizen of one Member State (Poland) I am free to take a surname which is composed of elements other than those provided for by the law of the second Member State (Italy). The surname I've chosen when married has been, moreover, already registered in Poland in its compound form. The Member States authorities must interpret existing Community and national law without any discrimination. Any administrative rule must be applied in such a way as to respect the right of each citizen of the EU to move and reside freely in the territory of the Member States. That right is not respected if such a citizen is required to register a different name in two different Member States. Consequently, the authorities of a Member State may not, when registering the name of a citizen of the Union, automatically refuse to recognize a name under which she/he has already been lawfully registered in accordance with the rules of another Member State.
Apart of the European Union legislation I would like to stress again the fact that both Poland and Italy are members of ICCS, which is an author of Convention on the recognition of surnames. Article one of the Convention states that:
"In the event of marriage of a national of a Contracting State, a declaration made by the spouses concerning the surname that they will bear during the marriage or by one of them concerning the surname that he or she will bear during the marriage shall, if made in Contracting State of which one of the spouses is a national or in the contracting state where both spouses are habitually resident on the day of the declaration, be recognized in the Contracting States."
In my case such a statement has been done by me and my husband in front of the relevant Polish authorities of civil status on the 25th of April 2008.
In that moment I do not have information if the convention has already entered into force for Italy, however, even if not, according to the article 9 of the Convention " (…) persons whose surname was attributed or changed by means of declaration before the entry into force of the Convention for a State may request the entry in the relevant official records of that State of that attribution or change (…)"
In summary, in my opinion both European Union legislation as well as international private law provisions preclude the Italian authorities from refusing to grant an application to register my surname to which I am entitled according to Polish law and tradition."