The CJEU Judges That Implementation Identity Cards of Two Fingerprints is Invalid Due to the Measure's Alleged Absence of a Legal Basis

On March 21, 2024, the Court of Justice of the European Union (“CJEU”) released its judgment in Case C-61/22/Landeshauptstadt Wiesbaden (“Case”), clarifying whether the mandatory addition of two fingerprints on identity cards is compatible with the fundamental rights to respect for privacy and the protection of personal data.

In the case, a German citizen appealed to the German court against the municipality of the city of Wiesbaden's decision to refuse to give him a new identity card which did not contain his fingerprints.

After the German court asked the CJEU to review the validity of the European Union (“EU”) regulation which lays down the obligation to insert two fingerprints into the storage medium of identity cards[1] (“Regulation”), the Court found that the requirement to add two full fingerprints to the storage media of identity cards constituted a restriction on the fundamental rights to respect for privacy and protection of personal data guaranteed by the Charter of Fundamental Rights of the European Union.

In its judgment, the CJEU stated that;

• The inclusion of two fingerprints helps in the fight against the production of fake ID cards and identity theft and serves to combat crime and terrorism. It also facilitates that European Union citizens to exercise their right to free movement and residence in the EU.
• Due to the fact that aging, lifestyle changes, disease or surgery can change the anatomical features of the face, including only the face image is a less effective method of identification compared to including two fingerprints next to that image.
• On the other hand, the regulation was adopted in the European Union Council ("Council") through the wrong legislative procedure, rather than a special legislative procedure requiring unanimity, therefore the regulation declares invalid by the Court.
• Since the immediate ineffectiveness of the outdated regulation would have serious consequences for many EU citizens, in particular in the area of freedom, security and justice CJEU gave the legislature until December 31, 2026 at the latest to entry into force of a new regulation with the correct legal basis.

 

You can access the full text (in German) of the judgment here.

You can read the CJEU’s press release here.

 

Kind regards,

Zumbul Attorneys-at-Law

info@zumbul.av.tr