EU Court: States must grant legal gender recognition to protect free movement

The Court of Justice of the European Union (CJEU) has ruled that EU member states must provide legal gender recognition (LGR) procedures for trans citizens who have exercised their right to move and reside in another member state, and must issue identity documents that match their lived gender.

In its judgment in case C‑43/24, Shipova, the Court found that refusing to recognise a trans person’s lived gender in civil status registers and identity papers breaches EU rules on freedom of movement (Article 21 TFEU) and the right to private life under the EU Charter of Fundamental Rights.

The case was brought by a Bulgarian trans woman living in Italy who, for almost a decade, was denied changes to her gender marker and name in Bulgarian documents. Because her life in Italy depends on those documents, the mismatch created constant obstacles, from crossing borders and dealing with authorities to accessing work, housing, and everyday services.

ILGA Europe reports that the CJEU held that gender, like a name, is a core element of personal identity and legal status. A discrepancy between a person’s gender identity and the data on their identity card or in civil registers can force them repeatedly to justify their identity and the authenticity of their documents, causing “considerable inconveniences” and effectively hindering free movement.

The Court also found Bulgaria’s blanket refusal of LGR to be contrary to the right to private life, recalling that states have a positive obligation to ensure quick, transparent and accessible procedures for legal gender recognition. It stated that allowing discrimination based on the difference between biological sex and gender identity violates the dignity and freedom of trans people.

Significantly, the CJEU confirmed that national courts are not bound by constitutional or supreme court rulings that conflict with EU law. In Bulgaria, this means courts must disregard the 2023 Supreme Court interpretative decision that introduced a de facto ban on LGR and must apply the CJEU’s ruling instead.

The judgment has wider implications for other member states, including Hungary and Slovakia, where access to legal gender recognition has been made impossible. The Court made clear that denying any possibility of LGR is incompatible with the EU Treaties and the Charter, at least for nationals who have exercised their free movement rights.

LGBTQ+ organisations welcomed the ruling as a crucial advance for trans people’s rights and a reinforcement of the EU’s core principles of equality and free movement. They called on governments to urgently reform national laws, resume pending cases, and ensure that trans people can move, live and work across the EU with identity documents that reflect who they are.