Restricting Union citizens’ residence rights on grounds of public security. Where Union citizenship and the AFSJ meet: P.I.

Publishers Abstract:
The Court of Justice's interpretation of Chapter VI of Directive 2004/38/EC, Article 28(3) in PI v Oberburgermeisterin der Stadt Remscheid, raises questions regarding the notion of public security, its interaction with Union citizenship, and its relationship with the growing role of the Union in criminal law through the development of an Area of Freedom, Security and Justice. This article highlights two aspects of the judgment. First, the wide definition given to imperative grounds of public security therein. This definition builds upon the classic definition of public policy rather than establishing a distinct new test for public security.

However in doing so, the Court is led to define public security not as referring to the institutions or components of the State, as might have been expected, but rather as a heightened threat to underlying values of society. The second half of this article explores this move of the Court in terms of its potential legal operation and the legitimacy of such an approach.