A Member State cannot refuse to recognise a change of first name and gender that a European citizen has legally acquired in another European Union country, ruled the Court of Justice of the EU in a judgment handed down on Friday 4 October (case C-4/23).
In 2017, a Romanian-British citizen legally changed his first name and title from female to male in the UK, where he had been resident since 2008. Following Brexit, this person requested that his birth certificate be amended accordingly. He is contesting the refusal of Romanian authorities to do this, who have invited him to initiate new proceedings for a change of gender identity before the Romanian courts.
In its judgment, the Court ruled that the refusal to recognise a change of gender identity legally acquired in another Member State hinders the exercise of the right to free movement and residence in another Member State. The Court added that a divergence between identities resulting from such a refusal of recognition creates difficulties for a person in proving their identity in daily life as well as serious professional, administrative and private inconvenience.
Furthermore, the judge was of the opinion that forcing the party concerned to initiate new proceedings for a change of gender identity in the Member State of origin, exposing him to the risk that this could lead to a different outcome, was not justified. They also noted that the European Court of Human Rights states that Member States are required to provide for a clear and foreseeable procedure for legal recognition of gender identity which allows for a change of sex.
See the judgment of the Court of Justice: https://aeur.eu/f/dq9 (Original version in French by Mathieu Bion)