Commissioner Helena Dalli, on behalf of the European Commission, declined to comment on draft legislation in Portugal that would repeal the country's gender self-determination law, in a written answer published on 15 June 2026. The answer, responding to a question from Catarina Martins (The Left), reaffirms the EU's commitment to equality and non-discrimination but offers no concrete action regarding the Portuguese bill.
The question, submitted on 20 March 2026, concerns the Portuguese Parliament's process to repeal Law No 38/2018, which established the right to self-determination of gender identity and gender expression. Martins argued that the repeal would end the depathologised model of gender recognition, deny access to specific healthcare, and run counter to the EU's LGBTIQ+ equality strategy, the Charter of Fundamental Rights, and CJEU case-law on gender identity discrimination.
In her answer, Dalli stated that the Commission does not comment on draft legislation or ongoing national legislative processes. She reiterated the EU's founding values of equality and non-discrimination, and the Commission's commitment to combating discrimination against LGBTIQ+ people via the LGBTIQ+ equality strategy 2026-2030, which builds on the previous 2020-2025 strategy. The Commission will continue to monitor the situation of LGBTIQ+ people across the EU within the limits of its competences and use all instruments at its disposal to uphold EU law.
The answer contains no concrete proposals, numerical targets, or deadlines. It is a declarative statement of general support for LGBTIQ+ rights without specific measures regarding Portugal. The Commission's refusal to engage with the substance of the question leaves the ball in Portugal's court, with no indication of potential infringement proceedings or other enforcement actions. The LGBTIQ+ equality strategy 2026-2030, referenced in the answer, is expected to guide future Commission actions, but its impact on national legislation remains to be seen.