Referral C-80/23 (Ministerstvo na vatreshnite raboti, 14 Feb 2023)

1. Is the requirement of assessing ‘strict necessity’ under Article 10 of Directive 2016/680, 1 as interpreted by the Court of Justice in paragraph 133 of [the judgment of 26 January 2023, Ministerstvo na vatreshnite raboti, C-205/21 2 ], satisfied if it is carried out solely on the basis of the decision accusing the person and on the basis of her written refusal to have her biometric and genetic data collected, or is it necessary for the court to have before it all the material in the file which, under national law, is made available to it in the event of an application for authorisation to carry out investigative measures which infringe the legal sphere of natural persons, where that application is made in a criminal case?

2. If the Court of Justice answers the first question in the affirmative – after having been provided with the case file, may the court in the context of the assessment of ‘strict necessity’ pursuant to Article 10 in conjunction with Article 6(a) of Directive 2016/680 also consider whether there are reasonable grounds to suspect that the accused has committed the criminal offence referred to in the accusation?