Discretion of Member States Vis-à-vis Public Security: Unveiling the Labyrinth uf EU Migration Rules

Abstract

Summary The article focuses on the public security exception as it is used in EU migration law. It opens with the public security grounds as they appear in the EU internal market rules and consequently in EU external relations. A special attention is paid to public security restrictions under the Directive 2004/114 as it was interpreted in case Fahimian. The article adds a comparison to other documents in EU external relations and their referrals to public security. The main perspective is the discretion attributed to Member States and their authorities when they apply public security exception especially in relation to regular migration.