European Business Law, the fourth volume in our series, shows how the European authorities simultaneously abolish all restrictions on access to and exercise of economic activities and support the growth of domestic markets, through the harmonization the internal legislation or the enactment of genuinely unified regulations.

European Business Law

The Member States retain exclusive competence as regards the maintenance of public order and the safeguarding of internal security and enjoy a margin of discretion in determining, according to particular social circumstances and to the importance attached by those States to a legitimate objective under European law, the measures which are likely to achieve concrete results . The concept of public  …

Public policy and public security

The Member States retain exclusive competence as regards the maintenance of public order and the safeguarding of internal security and enjoy a margin of discretion in determining, according to particular social circumstances and to the importance attached by those States to a legitimate objective under European law, the measures which are likely to achieve concrete results . The concept of public policy is limited and may not be relied upon for the purpose of protecting economic interests  or consumers . It is also not enough that a national measure provides criminal sanctions for it to be regarded as a matter of public policy . Lastly, Member States must show that they have no other means at their disposal to deal with the consequences to public order and security .

Member States are entitled under Article 36 of the Treaty to make the transit of goods described as strategic material subject to the grant of a special authorization. The system established must, however, comply with the principle of proportionality and, in particular, take into account the nature of the goods capable of endangering the security of the State . The maintenance on the national territory of a supply of petroleum products in order to guarantee a continuous supply is also justified in the interest of public security . The Member State must nonetheless show that without the maintaining in effect of its exclusive importation and marketing rights for petroleum products, public-sector refineries would be unable to dispose of their products on the market at competitive prices and thereby ensure their continued operation .

Case C-394/97 Sami Heinonen [1999] ECR I-3599, LawLex200900000667JBJ.

Case 288/83 Commission v Ireland [1985] ECR 1761, LawLex200900001503JBJ.

Case 177/83 Kohl v Ringelhan & Rennett [1984] ECR 3651, LawLex200900002210JBJ.

Case 16/83 Karl Prantl [1984] ECR 1299, LawLex200900001583JBJ.

Case 231/83 Cullet v Sodinord [1985] ECR 305, LawLex200400003563JBJ.

Case C-367/89 Aimé Richardt [1991] ECR I-4621, LawLex200900000540JBJ, stating that the concept of public security covers both a Member State's internal security and its external security.

Case 72/83 Campus Oil Limited v Minister for Industry and Energy [1984] ECR 2727, LawLex200900002208JBJ; Case C-398/98 Commission v Greece [2001] ECR I-7915, LawLex200900000677JBJ.

Case C-347/88 Commission v Hellenic Republic [1990] ECR I-4747, LawLex200900000434JBJ.

European Business Law

49. Public policy and public security

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Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

49. Public policy and public security

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Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

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au contenu exclusif Livv – juristes d’entreprise