ABSTRACT – The Opinion of Advocate General de la Tour in Case C-4/23 (Mirin) addresses the sensitive issue of the recognition, in a Member State, of the effects of acquiring a new gender and a new name in a different Member State. Considering the obstacle to the rights of movement resulting from the refusal of such recognition, a compromise solution is proposed, which, however, seems objectionable in several respects. In particular, the idea that the recognition of the new name and the recognition of the new gender can be treated independently of each other is not convincing. The Advocate General’s approach to the question of the reverberation of the effects of recognition on civil status records relating to family members is not persuasive as well. Finally, the Opinion fails to address the – topical – issue of the possible violation of public order and national identity of the State requested for recognition.
