Public Order, National Security and the Rights of Third-Country Nationals in Immigration Cases

Abstract

Abstract The objective of the article is to highlight the impact of the public order and national security concerns on immigration cases in the Member States. The most common categories of the administrative acts that are relevant to the topic are visa decisions, refusal of entry, entry bans, all types of decisions on granting a residence permit (permanent or temporary) and return decisions. The first part of the article is devoted to the institutional capacity in the field of immigration cases. The second part deals with the substantive law challenges and the third part focuses on the procedural law challenges, in particular access to classified evidence in immigration cases.