EU member states must update identity documents to reflect the gender identity of transgender citizens who transitioned in another member state. This is the ruling of the Court of Justice of the European Union (CJEU), which stressed that refusing to do so may violate the bloc’s guarantee of freedom of movement.
The court’s decision seems “practical” – i.e. discrepancies between a person’s lived gender identity and official identity documents can create practical difficulties during identity checks, travel, and professional activities. As such, it undermines the right to respect for private life under Article 7 of the Charter of Fundamental Rights of EU, and the right to freedom of movement under Article 21 of the Treaty on the Functioning of EU.
The court’s ruling stemmed from the case filed by “Shipova”, a Bulgarian national who moved to Italy. After undergoing social and medical gender transition, she requested that Bulgarian authorities update her birth certificate. But Bulgarian authorities denied the request, citing national legal interpretations that define sex strictly on biological grounds. More specifically, in 2023, Bulgaria’s Supreme Court ruled that national law does not permit legal gender changes.
The case reached the EU’s highest court to determine whether such a refusal conflicted with EU law.
The CJEU noted that national courts must ensure that domestic rules do not prevent the effective application of EU law.
This is not the first time that the CJEU addressed transgender rights in EU law.
Earlier, in 1996, when it decided on P v S and Cornwall County Council, the court ruled that discrimination arising from gender reassignment constitutes discrimination based on sex under EU equality law.
Since CJEU rulings are binding on national courts when interpreting EU law, the Bulgarian Supreme Court of Cassation is mandated to apply the court’s interpretation.
