M.-A.A. v. Civil Status Service of Cluj, Ministry of the Interior Directorate, Municipality of Cluj-Napoca

Nature of the Case

The case concerns the refusal by Romanian authorities to recognize and update the birth certificate of M.-A. A., a dual national of Romania and the United Kingdom (UK), to reflect a name and gender identity change lawfully acquired in the UK. The legal issue revolves around whether such refusal violates European Union (EU) citizens’ rights to free movement, dignity, and private life under EU law. The Court of Justice of the European Union (CJEU) addressed the compatibility of Romanian legislation with EU obligations, especially given Brexit’s impact on the applicant’s rights. The CJEU ruled that EU law (Articles 20 and 21 TFEU, read with Articles 7 and 45 of the Charter of Fundamental Rights) prohibits Member State legislation requiring nationals to initiate new judicial proceedings for recognition of gender identity changes lawfully acquired in another Member State. Such laws hinder free movement rights. This holds even if the change occurred before Brexit and recognition was sought after. Romania must update the individual’s birth certificate without additional proceedings, ensuring full respect for EU citizens’ rights to dignity and identity​.

Summary

The case was brought by Arian Mirzarafie-Ahi, a transgender man with dual Romanian and British citizenship. After transitioning in the UK and receiving a gender recognition certificate, Romanian authorities refused to update his birth certificate, citing national procedures and the UK’s departure from the EU. The CJEU determined that such refusal infringed upon his rights and contravened EU law, emphasizing that mutual recognition of legal decisions among member states is essential for upholding the rights of individuals within the EU. The Court of Justice of the European Union (CJEU) ruled that EU member states must recognize legal gender and name changes obtained in other EU countries.

The plaintiff had moved to the United Kingdom with his parents in 2008, became a British citizen in 2016, and received his gender recognition certificate in 2020. When the Romanian authorities refused to update his Romanian passport, they argued that national laws within Romania regarding judicial processes superseded their compliance with EU law.

The CJEU examined two questions: whether such Romanian legislation contravenes EU citizenship and free movement rights and how Brexit impacts these rights, given that the legal changes occurred during the UK’s EU membership and transition period. It held that such legislation restricts rights under Articles 20 and 21 of the Treaty on the Functioning of the European Union (TFEU) and Articles 7 and 45 of the EU Charter, as it hinders free movement and creates administrative burdens. The Court emphasized that Member States must recognize civil status changes made in other EU countries to prevent discrimination and ensure dignity. The UK’s withdrawal from the EU does not affect these rights because the changes were made during its EU membership or transition period. Thus, Romanian laws imposing such hurdles violate EU obligations.

Enforcement of the Decision and Outcomes

The CJEU’s ruling is binding on member states.

Significance of the Case

The case has important far-reaching implications for transgender people across Europe. The decision by the CJEU held that an EU country that does not allow for a change of name and gender identity legally acquired in another member state is contrary to the law of the European Union and hinders the exercise of the right of free movement and residence that is promised by membership in the European Union. The court emphasized that national decisions must comply with EU laws, especially “the freedom conferred on all Union citizens to move and reside within the territory of the Member States.” The ruling sets a precedent for transgender people whose gender recognition is not being acknowledged elsewhere in the EU.

For their contributions, special thanks to ESCR-Net member: the Program on Human Rights and the Global Economy (PHRGE) at Northeastern University.