EU Exceeds its Legal Powers

From Statewatch

The Council of the European Union has told the parliament it can have full powers of co decision after it adopts its report on biometric passports.

Unfortunately for them, this is not legal.

The proposed Regulation on EU passports, with or without mandatory fingerprinting requirements, exceeds the legal powers conferred upon the Community to adopt measures concerning checks at external borders. It can be concluded that no powers conferred upon the EC by the EC Treaty, taken separately or together, confer upon the EC the power to adopt the proposed Regulation.

Specifically:

the EC s powers to adopt legislation to facilitate the free movement rights of EU citizens, shall not apply to provisions on passports, identity cards, residence permits or any other such document…

Its nice to see that they can not even keep within the rules that they established themselves. How can we trust them with any increased power or responsibilities.