Judgment in Shipova (C‑43/24): encroachment on competences via the Court of Justice of the European Union

Question for written answer E-001179/2026
to the Commission
Rule 144
Marieke Ehlers (PfE), Sebastian Kruis (PfE), Ton Diepeveen (PfE)

According to the recent judgment of the Court of Justice of the European Union in the Shipova case (C-43/24), national rules that make a change of gender in official documents subject to specific conditions may impede the right to free movement of persons. This is particularly the case where such rules lead to discrepancies with identity data registered in another Member State.

Accordingly, policy areas such as civil status and identity registration, which, pursuant to the Treaties, fall within national competence, come under the influence of EU law via the Court's case-law none the less.

• 1.What is the Commission's assessment of the implications of the judgment in the Shipova case for the Member States' competence to independently establish rules on the registration of gender in national identity documents and population registers?
• 2.Does the Commission share the concern that the Court of Justice's interpretation of the right to free movement in this case may effectively compel Member States to recognise gender changes carried out in another Member State, even where their national legislation imposes different conditions within the exclusive competence of that Member State?
• 3.In its capacity as guardian of the Treaties, what steps is the Commission prepared to consider taking to ensure that the application of EU law on freedom of movement does not lead to an indirect harmonisation of national rules on civil status and identity registration, and that the competences of the Member States in this area are thus safeguarded?

Submitted: 20.3.2026