Abstract
The purpose of this paper is to explore whether the processing of personal data under Regulation 2017/226 is compatible with the principle of proportionality in the light of Charter of Fundamental Rights of the EU and the case-law of the Court of Justice of the European Union (CJEU). The Regulation 2017/2226 provides the EES system which is the only system that collects the entry/exit data of all third-country nationals entering the Schengen area for a short stay, whether via a land, sea or air border. The EES replaces the current system of manual stamping of passports.
Highlights
Europe’s external borders have seen an unprecedented rise in the number of migrants and refugees wishing to enter the EU in recent years
Regulation (EU) 2017/2226 of the European Parliament and of the Council of 30 November 2017 establishing an Entry/Exit System (EES) to register entry and exit data and refusal of entry data of third-country nationals crossing the external borders of the Member States and determining the conditions for access to the EES for law enforcement purposes, and amending the Convention implementing the Schengen Agreement and Regulations (EC) No 767/2008 and (EU) No 1077/20114
The increasing traveller flows and the principle of a thorough border check on all third-country nationals have increased waiting times at borders in such a way that it already constitutes a problem for many Member States
Summary
Europe’s external borders have seen an unprecedented rise in the number of migrants and refugees wishing to enter the EU in recent years. The Regulation 2017/2226 was proposed by the European legislator in order to improve management of external borders, prevent irregular immigration by identifying ‘overstayers’ and to facilitate the management of migration flows9 To this end, the European Entry/ Exit System provides: the recording and storage of the date, time and place of entry and exit of third–country nationals crossing the external borders of the Schengen Area; the calculation of the duration of the authorised stay of such third-country nationals; the generation of alerts to Member States when the authorised stay has expired; and the recording and storage of the date, time and place of refusal of entry of third-country nationals whose entry for a short stay has been refused, as well as the authority of the COM(2016) 194 final, pp. It embraces large population of travellers irrespective of the country they come from, shifting the focus of risk from suspect individuals and individual groups to “suspect population”
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