A legal brake on institutional LGBTIphobia in Bulgaria
- Guaranteed free movement: The CJEU establishes that not recognizing gender identity in official documents represents a “legal obstacle” to residing and moving freely within the European Union.
- Security and dignity: The lack of document consistency forces trans people to give constant explanations about their reality, generating serious inconveniences in everyday situations such as travel or medical procedures.
- Prevalence of EU Law: Although civil registration is a national competence, States must respect European values and the Charter of Fundamental Rights, including the right to privacy.
The Court of Justice of the European Union (CJEU) has issued a historic ruling that guarantees the recognition of trans people in the EU. According to the ruling published this Thursday, the refusal of countries like Bulgaria to update the official documents of this group violates community law by obstructing free movement and residence in other member states.
The case that has challenged the Bulgarian Supreme Court
The plaintiff, a trans woman born in Bulgaria but transitioned in Italy, saw her country of origin systematically reject her request to change her name and sex, despite having expert reports. The conflict escalated after a decision by the Bulgarian Supreme Court in 2023 that sought to prohibit these changes in a binding manner. However, the CJEU has been categorical: Union Law opposes any national interpretation that constitutes a restriction on mobility for reasons of identity.
An attack on democratic values
Lawyer Denitsa Lyubenova, founder of the Deystvie organization, has pointed out that this ruling not only affects Bulgaria, but is a direct message to countries with LGBTI tendencies such as Hungary or Romania. According to Lyubenova, the denial of these rights is an “attack on democracy” that seeks to sow hatred and division.
Organizations such as ILGA-Europe and Amnesty International have described the ruling as “historic”, especially in a context where Bulgaria has hardened its stance with recent laws against “LGTBI propaganda”, ranking 38th out of 49 on the latest Rainbow Map.
Repercussions in the Spanish State
In Spain, the LGTBI+ State Federation (Felgtbi+) has celebrated the resolution as a victory for democratic tools. Its president, Paula Iglesias, has stressed that this ruling shows that any State that does not adapt the documents of trans people is violating community law and, in our context, the rights already protected by the state LGTBI+ Law.
