Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on strengthening the security of identity cards of Union citizens and of residence documents issued to Union citizens and their family members exercising their right of free movement

Scrutiny details

Subsidiarity deadline: 19/07/2018
Scrutiny Information

Scrutiny date: 06/07/2018

Subsidiarity Concern:

No Important information to exchange

No Veto

Information on parliamentary scrutiny

Referred to Committees on:

European Union Questions

Internal Affairs

Legal Affairs

Lisbon Treaty procedures
  Political Dialogue

06/07/2018 | Scrutiny results - COM20180212

The Bundesrat is of the opinion that the proposal, in its current form, does not comply with the principle of proportionality as laid down in Article 5 para. 4 TEU. The sunset clause in Article 5 of the proposal is not necessary to reach the proposal’s stated goal to make national ID cards more secure through improved security features and, thereby, enable the exercise of the right of free movement in a secure environment. It is not necessary to infringe on national regulations determining period of validity of national ID cards that have been issued without containing fingerprints. Such an infringement would hardly present an added value towards the stated goals of the proposal. It would be sufficient if ID cards already issued would maintain their  period of validity while preserving the possibility to apply for a new one before its end. Article 5 of the proposal is disproportionate as it infringes on the principle of non-retroactivity without due justification.

Please note, however, that the Reasoned Opinion, as recommended by the Bundesrat’s Committee for Home Affairs, was not adopted.

Contact points for EU matters

IPEX Correspondents:
Phone: +49 (0) 301 891 00 471  Email Mr. Michael Hoessl
Contact | Legal Notice | v2.3