Die Europäische Union als Binnenraum der Sicherheit im Spannungsfeld zwischen (Grund-)Freiheiten der Unionsbürger und deren (Grund-)Recht auf Sicherheit

Abstract

The European Union (EU) constitutes an area of freedom, security and justice in which the citizens of the Union are to be guaranteed freedom of movement without internal borders. At the same time, it is emphasised that the prevention and combating of crime and thus internal security are also of great importance. A look at the provisions in the Treaty on the Functioning of the European Union as well as the secondary legislation enacted by the Union shows, of course, a primacy of security over freedom. However, although Art. 6 of the Charter of Fundamental Rights grants a right to liberty and security, and the European Court of Justice has also derived a fundamental right to security from this, such a fundamental right is not to be recognised either in the member states or in the Union. On the other hand, security considerations justify encroachments on the freedoms of Union citizens, in particular insofar as the exercise of freedom is thereby secured.