Tag Archive for: gender identity

Pre-print article on SSRN on “Mirin” and the Future of Cross-Border Gender Recognition

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I recently published the pre-print version of an article on SSRN that was accepted by the International Journal of Law, Policy and the Family. The article is called ““Mirin” and Beyond: Gender Identity and Private International Law in the EU“. The article is part of a special issue dealing with questions of gender identity that (probably) will come out at the beginning of 2026.

As it deals with matters of private international law (regarding gender identity) and the CJEU decision “Mirin”, I thought it might be interesting for the readers of this blog to get a short summary of the article. If it sparks your interest, of course, I would be glad if you consider reading the whole text – and to receive feedback and further thoughts on this topic. 🙂

Revue Critique de droit international privé – Issue 2025/2

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Written by Hadrien Pauchard (assistant researcher and doctoral student at Sciences Po Law School)

The second issue of the Revue Critique de droit international privé of 2025 has just been released. It contains four articles, seven case notes and numerous book reviews. In line with the Revue Critique’s recent policy, the doctrinal part will soon be made available in English on the editor’s website (for registered users and institutions). Read more

Advocate General in Case Mirin (C-4/23): Refusal of recognition of a new gender identity legally obtained in another Member State violates the freedom of movement and residence of EU citizens

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The following case note has been kindly provided by Dr. Samuel Vuattoux-Bock, LL.M. (Kiel), University of Freiburg (Germany).

 

On May 7, 2024, Advocate General Jean Richard de la Tour delivered his opinion in the case C-4/23, Mirin, concerning the recognition in one Member State of a change of gender obtained in another Member State by a citizen of both States. In his opinion, Advocate General de la Tour states that the refusal of such a recognition would violate the right to move and reside freely within the Union (Art. 21 TFEU, Art. 45 EU Charter of Fundamental Rights) and the right of respect for private and family life (Art. 7 EU Charter of Fundamental Rights). Read more