The refusal of a Member State to“Inscribing on the birth certificate of a national the change of name and gender identity legally acquired in another Member State is contrary to Union Law” European Union, declared the Court of Justice of the European Union (CJEU), in a ruling handed down on Friday, October 4. The latter resolved the issue by ruling on the case of a Romanian transgender citizen who took the steps in the United Kingdom, before Brexit.
Such rejection “prevents the exercise of the right of free movement and residence”the divergence between identities creating “difficulties” in daily life “as well as serious professional, administrative and private inconveniences”explains the CJEU. The court adds that no “not justified” of “oblige the interested party to start a new procedure” in Romania, with the “Risk that this will lead to a different result”in this Eastern European country that is not very sensitive to the rights of sexual minorities.
The CJEU, whose seat is in Luxembourg, was appealed by a court in Bucharest following the complaint filed by Arian Mirzarafie-Ahi. This transgender man, with dual Romanian and British nationality, faced the refusal of the Romanian authorities to issue him a new birth certificate. According to the court, Brexit has no impact on the dispute, the modification having been obtained before the United Kingdom effectively left the EU.
The Accept association, which defends the rights of LGBT+ people in Romania, welcomed during a press conference “a great victory for transgender people”remembering that it is “first trial” of this type from the CJEU.
