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the Hungarian Government, by M.Z. Fehér and Z. Biró-Tóth, acting as Agents,
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the Netherlands Government, by C.S. Schillemans, acting as Agent,
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the Polish Government, by E. Borawska-Kędzierska, A. Siwek-Ślusarek and B. Majczyna, acting
as Agents,
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the Slovak Government, by B. Ricziová, acting as Agent,
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the European Commission, initially by E. Montaguti, I. Zaloguin and M. Wilderspin, and
subsequently by E. Montaguti and I. Zaloguin, acting as Agents,
after hearing the Opinion of the Advocate General at the sitting on 15 April 2021,
gives the following
Judgment
1
This request for a preliminary ruling concerns the interpretation of Article 4(2) TEU, Articles 20 and
21 TFEU and Articles 7, 9, 24 and 45 of the Charter of Fundamental Rights of the European Union
(‘the Charter’).
2
The request has been made in proceedings between V.M.A. and Stolichna obshtina, rayon
‘Pancharevo’ (Sofia municipality, Pancharevo district, Bulgaria) (‘the Sofia municipality’), concerning
the latter’s refusal to issue a birth certificate in respect of the daughter of V.M.A. and of her wife.
Legal context
International law
3
Article 2 of the Convention on the rights of the child, adopted by the General Assembly of the United
Nations on 20 November 1989 (United Nations Treaty Series, Vol. 1577, p. 3), provides:
‘1.
States Parties shall respect and ensure the rights set forth in the present Convention to each child
within their jurisdiction without discrimination of any kind, irrespective of the child’s or his or her
parent’s or legal guardian’s race, colour, sex, language, religion, political or other opinion, national,
ethnic or social origin, property, disability, birth or other status.
2.
States Parties shall take all appropriate measures to ensure that the child is protected against all
forms of discrimination or punishment on the basis of the status, activities, expressed opinions, or
beliefs of the child’s parents, legal guardians, or family members.’
4
Article 7 of that convention provides:
‘1.
The child shall be registered immediately after birth and shall have the right from birth to a
name, the right to acquire a nationality and, as far as possible, the right to know and be cared for by his
or her parents.
2.
States Parties shall ensure the implementation of these rights in accordance with their national law
and their obligations under the relevant international instruments in this field, in particular where the
child would otherwise be stateless.’
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