Dialogos

CJEU: Against Refusal to Change Gender on Official Documents After Exercising Freedom of Movement

Published March 12, 2026, 12:02
CJEU: Against Refusal to Change Gender on Official Documents After Exercising Freedom of Movement

The Court of Justice of the European Union (CJEU) ruled that national legislation of a Member State refusing to modify the gender details of a citizen who has exercised the right to freedom of movement and residence in another Member State is contrary to EU law. The case concerns a Bulgarian national living in Italy who has started hormone therapy, but Bulgarian courts refused to legally recognize her gender change. The CJEU stressed that the refusal to modify gender details can create obstacles to the exercise of the right to freedom of movement within the EU, such as difficulties during identity checks or cross-border travel. In addition, the court emphasized that any restriction of freedom of movement must be based on objective reasons of general interest and respect the principle of proportionality. The CJEU's decision supports the right of transgender people to recognition of their gender identity and to modify their official documents in order to ensure the full exercise of their rights as EU citizens. This decision is a significant step towards promoting equality and non-discrimination in the European Union.