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Advice to EU court: recognize transgender from other member state

by AI | 08.May 2024 | Europe in brief AI

A boost for advocates of transgender rights in the EU. EU countries should adopt a change in gender registration in another member state, according to an important advisor to the highest European court.

The Court of Justice of the European Union in Luxembourg. Photo: Arne Immanuel Bänsch/dpa

LUXEMBOURG – EU countries must recognize a gender change registered in another member state. EU countries are free to set their own rules for, for example, entering into a marriage, according to important advice to the European court.

Residents of the European Union have the right to move freely throughout the union, states the Advocate General of the European Court of Justice. This also applies to transgender people who are now registered with a different gender than at their birth. EU countries must adopt their new gender and first name if they request it.

The court will likely make a decision in a few months, but often gives significant weight to the advice of the Advocate General.

The case was brought by a court in Bucharest. A native Romanian who had registered as a man in the United Kingdom asked that court to process this change in his Romanian birth certificate. The Romanian authorities refused. The man would have to apply for a gender change again in Romania. That is much more difficult there.

(May 7, 2024)