Article 72 [Clause on Maintaining Internal Security by Member States]

Legal implications of the provision are subject to some controversy. ECJ judgments indicate that specific rules of secondary legislation have to be applied as legal speciales in regular circumstances, even though Member States can invoke the provision to justify non-compliance with secondary legislation, mirroring the public policy exceptions to the fundamental freedoms, such as today’s Article 36 TFEU. Recourse to the provision remains is conditioned by several caveats and is subject to judicial review.