European Court: Passport fingerprinting law invalid, no consequences

The European Court of Justice has ruled that the law requiring citizens to allow fingerprints for identity documents is invalid. Yet the law still applies until a better law comes into effect at the end of 2026. That is why nothing will change in practice for the time being.

The law was not drawn up according to the correct process, the Court says. “However, the regulation in question was adopted on an incorrect legal basis and therefore according to an incorrect legislative procedure, namely the ordinary legislative procedure instead of the special legislative procedure which requires, in particular, unanimity within the Council.”

A new regulation, which must come into effect at the end of 2026, should be adopted correctly. “If the Regulation were to be declared invalid with immediate effect, it could have serious negative consequences for a large number of Union citizens, in particular for their security in the area of ​​freedom, security and justice. The Court therefore upholds the consequences of the Regulation until, within a reasonable period and no later than 31 December 2026, a new Regulation based on the correct legal basis enters into force.”

The Court considers taking fingerprints to be a good method to to prevent counterfeits and that is why it is justified to have to provide two fingerprints for proof of identity. A photo is not enough, the Court believes. “The inclusion of a facial image alone would be a less effective means of identification than the inclusion of two fingerprints in addition to the facial image. Aging, lifestyle, illness or surgical intervention can change the anatomical features of the face.”

< p>The case came to the Court after a German resident went to court because he could not obtain an identity card without providing fingerprints. The German judge referred the case because it was unsure about the application of the rules.