ECJ judgement strengthens the rights of trans and non-binary people in the EU

On 4 October 2024, the European Court of Justice (ECJ) With its judgement in Case C-4/23 (Mirin), the European Court of Justice sent a clear signal in favour of the rights of people with new self-determination. Gender identities set. The ruling emphasises that national regulations that make it difficult to recognise changes to gender identity and first names lawfully made in another member state are in breach of EU law. For trans and non-binary people, this means a significant strengthening of their rights - also in cross-border contexts.

Background: The case at a glance

The claimant, a Romanian citizen with British nationality, had his first name and gender identity changed in the United Kingdom in accordance with British law. These changes were not recognised by Romania. Instead, the authorities demanded a new, complex legal procedure to change the civil status. The ECJ was asked to clarify whether this practice is compatible with freedom of movement and fundamental rights under EU law - particularly in light of Brexit.

The judgement: EU citizen status and freedom of movement

The ECJ clarified that EU citizen status under Art. 20 and 21 TFEU gives every EU citizen the right to move and reside freely within the EU. Failure to recognise an identity that has been lawfully acquired in another Member State hinders this right. Freedom of movement significant. The recognition of identity characteristics - such as gender and name - is therefore an essential component of freedom of movement rights.

The non-recognition of gender identity constitutes a disproportionate restriction on freedom of movement and violates Art. 21 TFEU and Art. 45 of the Charter of Fundamental Rights.

Fundamental rights and protection of identity

The Court referred to the protection of private life (Art. 7 of the Charter) and the prohibition of discrimination (Art. 21 of the Charter). Gender identity is a central aspect of personality and therefore falls under the special protection of EU fundamental rights. The ECJ also referred to decisions of the European Court of Human Rights (ECtHR), which clarify that the right to recognition of gender identity is an integral part of the right to personal development.

Refusing to recognise lawfully acquired identities has a disproportionate impact on personal integrity and human dignity.

Brexit and transitional arrangements

Romania argued that Brexit restricted the application of EU law to the case. The ECJ ruled against this: As the gender change was lawfully carried out during the transition period following the UK's withdrawal from the EU, it remains under the protection of Union law.

Proportionality and non-discrimination

The ECJ sharply criticised Romania's approach, as it forced the applicants to undergo a new, time-consuming procedure even though the gender change had already been recognised in another member state. This practice violated the principle of proportionality and discriminate the plaintiff due to his Gender identity.

National regulations must not impose disproportionate obstacles on EU citizens that affect their rights under Articles 20 and 21 TFEU and Articles 7 and 21 of the Charter.

What does the judgement mean for trans and non-binary people?

The judgement is a milestone for the rights of trans and non-binary people. It ensures that a (new) identity lawfully acquired in one Member State must also be recognised in other Member States without additional checks and procedures. This prevents people with different identities from being registered in different countries - a problem that can arise in particular when travelling or using travel documents.

A milestone for human dignity

The judgement emphasises that the recognition of personal identity, including gender identity, is a fundamental obligation of the Member States. It shows that the EU not only protects the freedom of movement of its citizens, but has also firmly anchored human dignity and the rights of trans and non-binary people in the legal order.

ConclusionTrans and non-binary people can take heart from this judgement. It is a clear signal that the EU is protecting their rights and taking decisive action against discrimination. If you need support in asserting your rights, our law firm is at your side with expertise and commitment!

Dr Marko Oldenburger

Specialist lawyer for family law

Specialist lawyer for medical law