IMPLICATION OF THE INCOMPATIBILITY BETWEEN BIOMETRICS AND HUMAN RIGHTS ON HUMAN SECURITY
IMPLICATION OF THE INCOMPATIBILITY BETWEEN BIOMETRICS AND HUMAN RIGHTS ON HUMAN SECURITY

Summary/Abstract: Within this article, we’ll remind some clear elements of the totalitarian leeway founded in EU legal order (through different regulations, directives, decisions that violated seriously the art.1a/TEU (Treaty of the European Union), amended by the Lisbon treaty, as an article engaging juridical the EU, on a basis of values as liberty, human dignity, democracy, rule of law, respect of human rights). At the same time, these legal acts of EU institutions are violating many disposals from the EU basic treaties, as well as from the Charter of Fundamental Rights, as a document with the same legal force as the EU treaties. Through these juridical acts, EU institutions are trying to recommend or to impose to the EU member states to deliver electronic documents (passports, identity cards) that, by their inner nature, irrespective of their addressees (European citizen, refugees, resident) are representing in their essence, a violation of human rights and fundamental liberties. In this way, the EU institutions juridical acts put the member states in the situation to infringe their engagements in the human rights field, taken though international treaties, ratified as sovereign states, and also, to infringe their own national constitutions guarantying the democracy, the rule of law and the respect of human rights, and thus, to infringe the EU basic treaties as well as the Charter of Fundamental Rights. EU member states cannot be forced, in any way, by the EU (not even by invoking the integration character of EU legal order, in particular the direct effect of some EU juridical acts) to infringe through biometry the human rights that are constituting, for the international contemporary law, the base of ius cogens. Human rights constitute the juridical basis for the whole EU and the constitutional basis of EU member states, that the biometry not only infringes, but even destroys them in their very essence. In this way, under our eyes, EU is converting into a repressive state of police, ruled not by the democratic logic but, on a contrary, by the electronic totalitarian logic. This can be interpreted as an expression of a European fall into a barbarian state, at the beginning of 21st century as an expression of abandoning the High Legal and Classical Order of 20th century, based on human rights and on national-state sovereignty.

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