Politis

CJEU: Member States Cannot Refuse Gender Change on Official Documents

Published March 12, 2026, 12:18
CJEU: Member States Cannot Refuse Gender Change on Official Documents

The Court of Justice of the European Union (CJEU) ruled that national legislation of a Member State cannot refuse to modify the gender entry on official documents of a citizen who has exercised their right to free movement and residence in another Member State. The case concerned a Bulgarian national living in Italy who wishes to be legally recognised as a woman, but whose request was rejected by Bulgarian courts based on national legislation that considers gender a biological characteristic and prioritises ethical and religious values. The CJEU stressed that the issuance of identity documents is a competence of Member States, but must be exercised in accordance with EU law, as discrepancies between a person’s actual gender identity and official documents can create obstacles to free movement. Furthermore, the court highlighted that any restrictions on free movement must be objectively justified, proportionate, and respect fundamental rights, including the right to respect for private life and gender identity.