A landmark legal opinion from the Advocate General of the Court of Justice of the European Union (CJEU) has affirmed that EU member states must recognise the lived gender of their citizens.
It further stated that this recognition cannot be reliant on surgery and that passports and ID cards must reflect people’s gender identity.
The Case Behind the Opinion
On 4 September 2025, Advocate General Richard de la Tour issued his Opinion in the case C-43/24 Shipov. The case was brought by a Bulgarian trans woman living in Italy who, for nine years, has been denied the right to amend her gender marker and name on Bulgarian documents.
The mismatch between her lived gender and her official documents has caused discrimination in everyday life, from accessing healthcare to travelling, and has blocked her freedom of movement across the EU.
In 2023, Bulgaria’s Supreme Court effectively imposed a blanket ban on legal gender recognition, halting her case and referring the matter to the CJEU.
Advocate General’s Findings
De la Tour stated that under EU law, particularly provisions on freedom of movement and the right to private and family life, all member states are obliged to provide legal gender recognition. While countries may design their own processes, they cannot demand evidence of surgery.
He stressed that ID cards and passports must reflect a person’s “lived gender identity” , rather than sex assigned at birth, to allow them to exercise their rights across the EU. He added that requiring gender markers to only match birth certificates creates unlawful barriers to free movement.
The Advocate General also pointed out that while member states have to provide for a field indicating “gender” in an EU passport, it can be left empty and that EU law does not require identity documents to have a gender marker at all.
Although he suggested that a medical certificate or psychiatric diagnosis may be used as evidence, advocates expressed hope that the CJEU will adopt a more flexible approach that avoids medicalisation.
Wider Implications
Advocate General opinions are not binding but often guide the Court’s final judgment. If upheld, this ruling would mark a major step forward for trans rights in Europe, making clear that denying legal gender recognition breaches the EU Charter of Fundamental Rights.
Currently, Bulgaria and Hungary maintain de facto bans on legal gender recognition, while other states have considered similar restrictions. A judgment in the Shipov case is expected in early 2026.
Marie Ludwig, Senior Strategic Litigation Officer at ILGA-Europe, welcomed the Opinion: “This opinion builds on the momentum for the protection of trans people’s fundamental rights in the EU. We are hopeful the judgement will follow this opinion and make clear that the right to free movement can only be effective if member states ensure that trans people have functional identity documents.”
Richard Köhler, Expert Advisor at TGEU (Transgender Europe), added: “TGEU has long championed what today’s Opinion confirms: functional identity documents aren’t a privilege, they’re essential for participating in EU life. By empowering judges to uphold fundamental rights immediately, this opinion offers hope to trans people facing bans, bureaucratic barriers and border humiliation across Europe.”
