The CJEU makes the matter clear. The gender in the documents must be consistent with the transition

The provisions of a Member State that do not allow changing data on a citizen's gender are inconsistent with EU law and may violate the right to free movement of that person, the Court of Justice of the European Union ruled on Thursday.

The case concerns a Bulgarian woman who was born as a man and was registered as such in her country of origin. However, the woman currently lives in Italy, where she started the transition and where she currently presents herself as a woman.

Wanting to make changes to the documents, this person applied to the Bulgarian courts to recognize him as a female person and make appropriate changes to the birth certificate. As evidence, she presented a medical opinion and a court expert's opinion, confirming her gender identity. However, she was refused.

As interpreted by the Bulgarian Supreme Court of Cassation “sex” is understood in a biological sense, which excludes any changes to gender, name and identification number. As a Bulgarian court stated, “the public interest, based on the moral and religious values ​​of Bulgarian society, takes precedence over the interests of transgender people.”

However, the CJEU did not agree with this interpretation. In the ruling issued on Thursday, he stated that EU law is above national law, which does not allow changing gender data in the case of a citizen who has legally transitioned to another EU country, exercising the right to move and reside freely. The CJEU noted that although issuing identity documents falls within the competence of Member States, they must do so in compliance with EU law.

The CJEU also noted that discrepancies between the gender with which a given person identifies and the data contained in his or her documents may impede his or her functioning, including the right to free movement. The point is that this person may be forced in many everyday situations – especially during identity checks, traveling abroad or when taking up work – to explain differences in documentation and even to confirm the authenticity of his or her official documents.

The Court also stated that EU law prevails over the judgments of national courts, even if they are guided by the interpretation made by the constitutional court of a given country, but this interpretation is inconsistent with EU regulations.

From Brussels Jowita Kiwnik Pargana (PAP)

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