Migration crisis in the EU context and respect for the national identity of the Member States

Abstract

Under the EU law, the Treaty of Lisbon decided that migration policy issues have to be voted on by a qualified majority. Nowadays, however, it is being argued that we are no longer facing an ordinary migration but a wave of migration related to security policy. In the opinion of the CJEU, Art. 72 TFEU related to public order in connection with respect for the national identity of the Member States taken from Art. 4 section 2 TEU, does not, however, grant states the possibility of derogation from the application of EU law by merely referring to the interests of public order and necessity of protection of internal security. States have the obligation to prove the need for the derogation. Presumably, the possibility of using new tools (biometric data) resulting from „the migration pact” will encourage people’s identification without relevant documents. It is also worth taking into consideration Finland’s and Denmark’s solutions for tackling irregular migration.