FRA Opinion on the exchange of information on third-country nationals under a possible system to complement the European Criminal Records Information System

The proposal to establish a possible legislative instrument supplementing the existing European Criminal Records Information System with information on third-country nationals convicted in the EU raises a number of fundamental rights issues.

Following a request from the European Commission, FRA has published an Opinion that analyses these issues and suggests ways of answering fundamental rights concerns.

FRA’s Opinion focuses on five main sections:

  1. the principle of equality before the law (Article 20 of the Charter);
  2. the protection of the rights of the child (Article 24 of the Charter);
  3. the right to an effective remedy (Article 47 of the Charter);
  4. the right to respect for private and family life (Article 7 of the Charter);
  5. the right to the protection of personal data (Article 8 of the Charter).

Without being exhaustive, this opinion discusses selected topics in light of these fundamental rights. In addition to a legal assessment based on fundamental rights standards, the opinion highlights potential practical effects of the envisaged system that should be taken into consideration when drafting the legislative proposal.