Case note by MCEL members Fulvia Ristuccia and Alessandro Marcia published in Maastricht Journal of European and Comparative Law
The annotation "Trans* EU citizens: Free beyond movement? The Grand Chamber in Case C-4/23 Mirin, EU:C:2024:845", published as online-first in the Maastricht Journal of European and Comparative Law, comments on the Grand Chamber's ruling in Mirin, on mutual recognition and transcription of a Legal Gender Recognition (LGR) procedure undertaken in an EU Member State.
The CJEU's judgment establishes an obligation for the Member States to recognize the change in name and the gender transition – and, accordingly, amend civil status entries, documents and certificates – after a LGR procedure undertaken in another Member State. Mirin thus connects three different streams of case law: the one on names and EU citizenship, the one on LGBTIQA+ rights in a free movement dimension and that on transgender rights.
In the paper, Fulvia and Alessandro argue that this case opens several questions for the development of EU law. First, although Mirin is firmly rooted in a free movement language and reasoning, it seems a preparatory ruling gradually setting the scene for overcoming the free-movement-only solution stemming from the previous case law on LGBTIQA+ rights. Second, the CJEU strengthens the fundamental rights dimension of this case law. Third, they maintain that Mirin represents an occasion for the CJEU to develop a more comprehensive understanding of transgender rights, which have so far been framed in a purely medicalized definition.
The full paper is available in open access as an online-first publication here.
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