The Public Security Exception in the Law of the European Union
Doc. Mag. phil. Dr. iur. Harald Christian Scheu, Ph.D., Mgr. et Mgr. Bohumil Peterka, Police Academy of Czech Republic in Prague, Faculty of Security Management, Department of Public Disciplines
Although under EU Law Member States are free to define their internal or national security, the interpretation of these terms and their application are subject to interpretation by the CJEU. This happens when the security argument is being used by a Member State for the purpose of derogation from EU law. It is a task of the CJEU to evaluate the legitimacy of the security argument. CJEU case-law therefore presents constraints on Member States regarding how the notion of internal security should be interpreted.
Key words: public security, national security, derogation, sovereignty, EU Court of Justice.