Centro de Documentação da PJ
Analítico de Periódico
38339
Authorities' broad discretion in assessing security threats in immigration applications : the fahimian case / Emellin de Oliveira
Scientia Ivridica, Braga, Tomo 72, n.º 361-363 (Janeiro/Dezembro 2023), p. 73-91
CD 335.
TRIBUNAL DE JUSTIÇA DA UNIÃO EUROPEIA, MIGRAÇÃO, TERRORISMO, SEGURANÇA INTERNACIONAL, UNIÃO EUROPEIA
This paper undertakes an analysis of the European Union Court of Justice (ECJ) case Sahar Fahimian v. the Federal Republic of Germany, emphasizing its significance in elucidating the intricate interplay between migration and security. Particularly, the examination delves into the distinctions drawn between EU citizens and third-country nationals concerning their perceived impact on national security. The central inquiries addressed in this paper are twofold: Firstly, what is the understanding of national security within the framework of European Union Law? Secondly, what stance does the ECJ adopt regarding the intersection of legal migration and national security? The underlying hypothesis posits that the process of securitization evident in European politics manifests not only in the context of irregular migration but extends to encompass legal migration as well. This paper seeks to contribute to the legal analysis of the securitization of migration and aims to enrich the ongoing discourse on the nexus between migration and security within European Union Law.
