MEP Irene Montero (The Left) has asked the European Commission to require Spain to implement its 2023 trans law for foreign residents, warning that three years after the law's entry into force the government has not adopted the necessary regulations to allow non-Spanish nationals to change their name and sex in identity documents.
In a written parliamentary question submitted on 16 June 2026, Montero noted that Spain's Law 4/2023, which guarantees the rights of trans and LGBTI+ people, includes Article 50 regulating changes of name and sex for foreigners residing in Spain. The law's nineteenth final provision gave the government one year to adopt implementing regulations, including procedures for adapting documents issued to foreigners. Montero stated that three years have passed without the required regulatory changes, leaving foreign residents – including EU citizens – without access to the rights granted to Spanish nationals.
whether the Commission will require Spain to implement the law to guarantee fundamental rights to foreign nationals, and what action it will take if non-compliance continues. The question targets the rights of trans and LGBTI+ foreign residents, a group directly affected by the delay. The Commission typically has six weeks to reply, and its answer will signal whether it views the delay as a breach of EU fundamental rights obligations or a matter of national implementation.
Montero's question reflects a push for EU-level enforcement of national laws that implement EU equality principles, pitting the rights of foreign residents against Spain's administrative discretion over implementation timelines. The Commission's response could set a precedent for how it handles similar delays in other member states.