ruled<\/a> that legislation in any member state \u201cwhich does not permit the amendment of the gender data of one of its nationals who has exercised his or her right to freedom of
movement is contrary to EU law\u201d.<\/p>\nThe case concerned a Bulgarian national was registered at birth as being male, with a name, personal identification number and identity documents corresponding to that sex \u2013 who now lives in Italy and undertaking hormone therapy.<\/p>\n
The court said proceedings were initiated \u201cbefore the Bulgarian courts seeking a declaration that she is a female person and to have her civil status data amended on her birth certificate. Despite the medical opinions and legal assessments confirming the gender identity claimed, her request was rejected.\u201d<\/p>\n
\u201cAccording to national legislation\u201d as interpreted by the Bulgarian Supreme Court, \u201cthe term \u2018sex\u2019 must be understood in its biological sense, excluding any amendment of the particulars relating to sex, name and identification number. The public interest, based on the moral and\/or religious values of Bulgarian society, thus prevails over the interests of transgender persons.\u201d<\/p>\n
But the Bulgarian Supreme Court had doubts that the national legislation would be compatible with EU law and referred the matter to the EU Court of Justice.<\/p>\n
The ECJ\u00a0 held that EU law precludes legislation of a Member State which does not permit the amendment of the gender data in the civil status registers of one of its nationals who has exercised his or her right to move and reside freely in another Member State.<\/p>\n
Rights campaigners in Athena Forum, a European-wide initiative said the ruling was an abuse of the principle of free movement, claiming \u201cjudgements like this are a serious threat to democracy, the rule of law and the European institutions, which for decades have been led into increasingly extreme ideology and obediently follow along, fed by transactivist NGOs, queer academics, liberal media and \u201cprogressive\u201d politics.\u201d<\/p>\n
\u201cThis is the reason why trust in the European project, the EU, its institutions and courts is steadily eroding. Who would have thought that \u201cfree movement\u201d across Europe, or rather the EU, would be abused and backfire like this?\u201d the campaign group said.<\/p>\n
\u201cThe latest ruling of the Court of Justice of the EU (CJEU) on legal sex change recognition is out and is being celebrated by transactivist NGOs as a big win, with claims that EU countries must now provide legal sex change recognition for their citizens who have moved abroad,\u201d they said.<\/p>\n
\u201cJudgments like this are a serious threat to democracy, the rule of law and the European institutions, which for decades have been led into increasingly extreme ideology and obediently follow along, fed by transactivist NGOs, queer academics, liberal media and \u201cprogressive\u201d politics,\u201d they added.<\/p>\n
\u201cThe political implementation of gender identity (each person\u2019s deeply felt internal and individual experience of gender, as per the Yogyakarta Principles), by overriding any reference to biological reality and falsifying legal documents, leads to a fundamental erosion of women\u2019s rights and legal protections.\u201d<\/p>\n
\u201cAll transactivist celebrations aside, this judgment does not mean that legal sex change systems must now exist across the EU. Member States still have significant discretion in how they implement it (e.g. introducing a clarifying civil-status certificate for identification purposes, without rewriting birth certificates or restructuring civil registers).\u201d<\/p>\n
\u201cIt is shocking that we ever got into this situation. But it is long overdue that we organise across Europe to call out the institutional irresponsibility and the expanding harms of the push for gender identity.\u201d<\/p>\n
Lawyer and Editor of The European Conservative, Ellen Fantini, said it was \u201cobviously a terrible ruling\u201d and that \u201cthe larger absurdity is that the EU court\u2019s \u201cprimacy\u201d over national courts is an EU-judge-made principle.\u201d<\/p>\n
\u201cIt asserts that when EU law conflicts with national law, EU law wins \u2014 and national courts must follow the CJEU\u2019s interpretation, even if it requires setting aside or ignoring parts of their own country\u2019s constitution or statutes. In other words, EU judges themselves made up a rule that they are the boss judges. National sovereignty be damned, I guess.\u201d<\/p>\n
Think-tank MCC Brussels said:\u00a0 \u201cnot only is the ruling an attack on common sense and national democratic rights, it is an outstanding example of how the EU pushes the normalisation of \u201cEU values\u201d on LGBT issues through the supposedly neutral legal architecture of the common market. Those creating the EU market would have never imagined that rules to allow free trade would be used to push radical transgender ideology. \u201d<\/p>\n
EU COURT CLAIMING ABSOLUTE POWER, CRITIC SAYS<\/p>\n
And they added that it was their belief that the decision was a step towards the same ruling for gender self-id, writing that \u201cthe ruling concerns an individual who has undergone some degree of \u201cmedical transition\u201d. But given the EU\u2019s latest NGO-driven push for radical \u201cself-ID\u201d, it is presumably only a matter of time before the EU courts also rule that anyone must be recognised as their self-chosen gender, regardless of what steps they have taken to transition.\u201d<\/p>\n
\u201cAlso snuck into the ruling is a dangerous assertion of the absolute power of the EU court,\u201d MCC Brussels said. \u201cThe ruling insisted that \u201d EU law precludes a court from being bound by its constitutional court\u2019s interpretation where that interpretation impedes the application of EU law as interpreted by the Court\u201d.<\/p>\n
However, supporters of the EU Court decision said<\/a> \u201cthe Court has created a new legal obligation for member states to provide functioning systems for nationals who have moved abroad\u201d.<\/p>\nAdi Petrov of the Bilitis Resource Centre Foundation described it as \u201can important step toward restoring dignity and legal certainty,\u201d adding that Bulgaria must now bring its laws into line with EU requirements.<\/p>\n","protected":false},"excerpt":{"rendered":"The European Court of Justice (ECJ) has ruled that the principle of freedom of movement means that EU…\n","protected":false},"author":2,"featured_media":343559,"comment_status":"","ping_status":"","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[3],"tags":[157046,51399,42,43,96980,157047,40,38,41,39,1463],"class_list":["post-343558","post","type-post","status-publish","format-standard","has-post-thumbnail","category-headlines","tag-ecj","tag-freedom-of-movement","tag-headlines","tag-news","tag-ruling","tag-supersedes-national-law","tag-top-news","tag-top-stories","tag-topnews","tag-topstories","tag-trans"],"_links":{"self":[{"href":"https:\/\/www.newsbeep.com\/ie\/wp-json\/wp\/v2\/posts\/343558","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.newsbeep.com\/ie\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.newsbeep.com\/ie\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/ie\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/ie\/wp-json\/wp\/v2\/comments?post=343558"}],"version-history":[{"count":0,"href":"https:\/\/www.newsbeep.com\/ie\/wp-json\/wp\/v2\/posts\/343558\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/ie\/wp-json\/wp\/v2\/media\/343559"}],"wp:attachment":[{"href":"https:\/\/www.newsbeep.com\/ie\/wp-json\/wp\/v2\/media?parent=343558"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.newsbeep.com\/ie\/wp-json\/wp\/v2\/categories?post=343558"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.newsbeep.com\/ie\/wp-json\/wp\/v2\/tags?post=343558"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}