BRIEF CONSIDERATIONS ON THE EXTENT IN WHICH THE IMPLEMENTATION OF THE UNION IDENTITY ELECTRONIC CARD GUARANTEES RESPECT FOR FUNDAMENTAL RIGHTS

Abstract

Considering the increased mobility within the EU, on the one hand, but also the intensification of the fight against terrorism by strengthening external borders, on the other hand, the European Commission has launched the "2016 Action Plan" with the sole purpose of combating identity fraud. In order to facilitate freedom of movement within the Union, Member States, acting in accordance with their own legislation, must issue and renew identity cards or passports to Union nationals attesting their nationality.In support of the above-mentioned plan, the Union co-legislator adopted Regulation (EU) 2019/11571,, according to which the renewal of identity cards or residence permits results from the need to harmonize the security levels that these documents confer on Union citizens or on their family members, considering the risk of forgery or fraud, criminal activities that endanger the freedom of movement. The provisions of this legislative instrument fully respect the fundamental rights of Union citizens as enshrined in the Charter of Fundamental Rights of the European Union2. Moreover, the application of the union norm respects the right ofcitizens regarding the confidentiality of personal data.At the level of 2021, the electronic identity card is considered to be "a key to authenticate the citizen in digital platforms that mediate the relationship of the Union national with the institutions of the state of origin or the host state, online".