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The CJEU washes its hands of Member States’ fingerprint retention : Joined Cases C-446/12 – 449/12 Willems

Gill-Pedro, Eduardo LU (2015)
Abstract
When is the Charter of Fundamental Rights of the EU applicable to a Member State measure? In C-446/12 – 449/12 Willems the CJEU held that a Member State which stores and uses fingerprint data, originally collected in compliance with Regulation No 2252/2004, but which the Member State then uses for purposes other than those stipulated in the Regulation, is not acting within the scope of EU law, and therefore is not bound by the Charter. In this casenote I suggested that this case appears to indicate a retreat by the Court from the expansive interpretation of the scope of application of the Charter which it had previously laid down in C-617/10 Fransson.
Please use this url to cite or link to this publication:
author
organization
publishing date
type
Other contribution
publication status
published
subject
keywords
EU law, EU Fundamental Rights, Scope of application, Biometric data, Right to privacy, Court of Justice of the EU, EU-rätt, EU:s grundläggande rättigheter, Biometriska data, Europadomstolen
pages
3 pages
language
English
LU publication?
yes
id
92341bea-7317-4f6f-a180-2d13b0dec04c
alternative location
http://europeanlawblog.eu/2015/04/29/joined-cases-c-44612-44912-willems-the-cjeu-washes-its-hands-of-member-states-fingerprint-retention/
date added to LUP
2017-07-04 12:11:13
date last changed
2017-08-02 12:04:32
@misc{92341bea-7317-4f6f-a180-2d13b0dec04c,
  abstract     = {When is the Charter of Fundamental Rights of the EU applicable to a Member State measure? In C-446/12 – 449/12 Willems the CJEU held that a Member State which stores and uses fingerprint data, originally collected in compliance with Regulation No 2252/2004, but which the Member State then uses for purposes other than those stipulated in the Regulation, is not acting within the scope of EU law, and therefore is not bound by the Charter. In this casenote I suggested that this case appears to indicate a retreat by the Court from the expansive interpretation of the scope of application of the Charter which it had previously laid down in C-617/10 Fransson. },
  author       = {Gill-Pedro, Eduardo},
  keyword      = {EU law,EU Fundamental Rights,Scope of application,Biometric data,Right to privacy,Court of Justice of the EU,EU-rätt,EU:s grundläggande rättigheter,Biometriska data,Europadomstolen},
  language     = {eng},
  month        = {04},
  pages        = {3},
  title        = {The CJEU washes its hands of Member States’ fingerprint retention : Joined Cases C-446/12 – 449/12 Willems},
  year         = {2015},
}