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Does the Centrality of Values in the L isbon T reaty Promise More Than It Can Actually Offer? EU Biometrics Policy as a Case Study
Author(s) -
Gonçalves Maria Eduarda,
Gameiro Maria Inês
Publication year - 2014
Publication title -
european law journal
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 0.351
H-Index - 54
eISSN - 1468-0386
pISSN - 1351-5993
DOI - 10.1111/eulj.12047
Subject(s) - centrality , treaty , politics , biometrics , political science , security policy , law , terrorism , normative , law and economics , sociology , computer security , computer science , mathematics , combinatorics
The T reaty of L isbon introduced the term ‘values’ in EU primary law. This development coincided with the granting to the C harter of F undamental R ights of the same legal force as the T reaties. The question remains, though, how the prominence of values is actually shaping EU law and policy. This paper critically appraises the ways that certain values translated into the C harter's principles and rights are being construed under the EU policy for biometrics, a security technology whose use is being actively promoted by the EU . We conclude that the balancing of pertinent values, namely security and liberty, owe to a great deal to political and economic considerations that shape EU politics. Research priorities, combined with those of EU security policy, in particular, the fight against terrorism, then tend to prevail over ethically or morally based legal claims in respect of biometrics.