"You can't deny them their identity." The European Court has strengthened the rights of trans people and sent a clear message to member states
The European Court of Justice has issued a landmark ruling that could have a significant impact on the lives of transgender people across the European Union. According to the ruling, Member States must recognise the gender identity of their citizens in situations where failure to do so would hinder their right to free movement within the EU. The verdict responds to the specific case of a Bulgarian trans woman who has lived in Italy for a long time and has tried in vain for almost a decade to have her gender legally recognised in her home country.
The court said that member states must ensure "clear, accessible and effective procedures" for legal recognition of gender. Without such mechanisms, the judges said, it would be impossible to fully exercise the rights of European Union citizenship.
The dispute, which opened up the broader question of rights
The case concerned a trans woman from Bulgaria who, after moving to Italy, asked the Bulgarian authorities to change the gender information on her official documents. Bulgarian courts have repeatedly rejected her requests. The situation became even more complicated after a 2023 decision by the Bulgarian Supreme Court, which effectively banned lower courts from changing gender information in legal documents.
The European Court of Justice has now said that such restrictions are contrary to EU law if they prevent citizens from enjoying freedom of movement and residence in another member state.
Meanwhile, Bulgaria is one of three EU countries that have severely restricted or virtually made legal recognition of gender impossible. Hungary and Slovakia have a similarly restrictive approach.
Gender identity as part of fundamental rights
In its decision, the Court stressed that respect for gender identity is linked to the protection of human dignity and personal freedom. According to the court's opinion, tolerating discrimination based on the difference between biological sex and gender identity would fail to protect the fundamental rights of transgender persons.
The judgment also sets an important legal precedent. The judges said that states cannot apply national rules that prevent EU citizens from exercising their right to free movement simply because their gender identity is not legally recognised.
Stronger tools for the European Commission
Organisations working on LGBTQ+ rights say the decision could have far-reaching consequences. Marie-Hélène Ludwig of ILGA-Europe said the ruling represents a significant step forward for the protection of transgender rights in the EU.
She said the court made clear that refusing to issue functional documents reflecting gender identity can directly hinder the exercise of rights associated with European citizenship. The ruling also provides the European Commission with a stronger legal basis for possible action against states that fail to respect the judgment.
Implications across Europe
Human rights experts warn that the verdict may affect thousands of people who live in a different Member State from their country of origin. Without the appropriate documents, they often face complications in employment, study or administrative matters.
Richard Köhler of the TGEU expressed hope that the ruling will allow transgender people in Europe to fully enjoy the right to free movement, which is one of the fundamental principles of European integration.
