Regulating electronic identity in the European Union: An analysis of the Lisbon Treaty’s competences and legal basis for eID

This paper discusses the feasibility of EU legal action in the field of electronic identity (eID) within the new distribution of legal competences and the provision of novel legal basis engendered by the Treaty of Lisbon. The article attempts to find a ‘legal anchor’ to the idea of a pan-European electronic identity within EU law, looking at the issues of competences and legal basis. After examining various different areas of competence and the most feasible (and probable) candidates for a legal basis supporting an EU legal framework for eID, the paper argues that the latter should be found in the combination of Article 16 TFEU (concerning the right to the protection of personal data) with Article 3 TUE, and Articles 26 and 114 TFEU (concerning the establishment and functioning of the Internal Market), which also constitute the area of competence where an eID legal initiative can be pursued.