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CJEU Case C-70/18 / Opinion

Staatssecretaris van Justitie en Veiligheid v A and Others

Policy area:
Borders and Visa
Deciding Body type:
Court of Justice of the European Union
Deciding Body:
Advocate General
Type:
Opinion
Decision date:
02/05/2019

Key facts of the case:

Reference for a preliminary ruling — EEC-Turkey Association Agreement — Decision No 2/76 — Article 7 — Decision No 1/80 — Article 13 — ‘Standstill’ clauses — New restriction — Collection, registration and retention of biometric data of Turkish nationals in a central filing system — Overriding reasons of public interest — Objective of preventing and combating identity and document fraud — Articles 7 and 8 of the Charter of Fundamental Rights of the European Union — Right to respect for private life — Right to the protection of personal data — Proportionality.

Outcome of the case:

In the light of all the foregoing considerations, I propose that the Court answers the questions referred for a preliminary ruling by the Raad van State (Council of State, Netherlands) as follows:

  1. Article 13 of Decision No 1/80 of the Association Council of 19 September 1980 on the development of the Association must be interpreted as meaning that it does not preclude the regime at issue in the main proceedings which requires Turkish workers who wish to enter the territory of the Netherlands in order to take up employment there and family members of Turkish workers already present in that territory who wish to join them, in order to obtain a temporary residence permit to stay in the Netherlands for longer than 90 days, which is necessary to enter the territory of the Netherlands, to cooperate in the taking of their ten fingerprints and a facial image for the purpose of storing those data and processing them in a filing system for foreign nationals which may be consulted by the staff of consular, diplomatic and host authorities for the purposes of preventing and combating identity fraud and document fraud, and where those data will be stored for a period of five years following the refusal to grant the application for a temporary residence permit, the departure from the Netherlands at the end of a period of lawful residence, or an exclusion order or a declaration of undesirability ceasing to be valid.
  2. The regime at issue in the main proceedings, in so far as it allows the biometric data of Turkish workers and their family members contained in a filing system to be made available to third parties with a view to the prevention, detection and investigation of offences, does not constitute a new restriction within the meaning of Article 13 of Decision No 1/80 since its effect on those workers’ access to employment is too uncertain and indirect.