Recognition of established gender identities should be acknowledged across various EU nations, according to the original text.
If an individual legally transitions their gender identity in one EU country, other member states should also acknowledge this change. According to the European Court of Justice (ECJ) based in Luxembourg, rejection of such a change infringes on the rights of EU citizens (Case C-4/23). This case involved a trans man from Romania.
He shifted to the UK in 2008, secured dual Romanian and British citizenship, and legally altered his gender to male in 2020, adopting a new first name and title. This process started prior to Brexit and culminated during the transition period. In May 2021, he submitted requests to Romanian authorities for registration of his new male gender and name, along with a request for a revised birth certificate.
Regrettably, Romanian authorities turned down these applications, insisting that he initiate a fresh gender identification process within Romanian courts. He subsequently filed a lawsuit in Bucharest, questioning whether Romanian regulations conformed to EU law.
The ECJ deemed that refusing to acknowledge gender identity impairs the rights of citizens, particularly their right to freedom of movement and residence. Much like a first name, gender is a pivotal aspect of personal identity. It can present obstacles in daily life when establishing identity and could lead to substantial disadvantages in employment, private life, or administrative procedures.
It's unjustified to compel those affected to engage in a fresh gender identification procedure that could potentially lead to a different outcome compared to the previously concluded procedure in another EU nation. The ECJ clarified that Brexit does not come into play here, as the UK procedure was underway before or during the transition period. Now, the Romanian court must rendeer a verdict on the specific case, taking the ECJ's legal viewpoint into consideration.
The individual's case was heard at the Court of Justice, with the European Court of Justice (ECJ) ruling that Romanian regulations contradict EU law by refusing to acknowledge his legally changed gender identity. Following the ECJ's decision, it is now incumbent upon the Romanian court to issue a verdict in line with the ECJ's interpretation of EU law.
