'Salus rei publicae suprema lex esto?' : The use of classified data in immigration cases: analysis of the joined cases C- 420/22 and C- 528/22 NW and PQ

Gyeney, Laura (2025) 'Salus rei publicae suprema lex esto?' : The use of classified data in immigration cases: analysis of the joined cases C- 420/22 and C- 528/22 NW and PQ. HUNGARIAN JOURNAL OF LEGAL STUDIES, 66 (2). pp. 113-130. ISSN 2498-5473

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Abstract

This paper analyses the CJEU’s NW and PQ judgment by examining the core dilemma facing modern states: balancing national security interests with individual freedoms. In this context, I will first examine whether the right to an effective remedy, as guaranteed by Article 47 of the Charter of Fundamental Rights of the European Union, requires that a third-country national whose residence permit has been withdrawn on security grounds must at least be informed of the essence of the grounds on which the decision is based. This question is particularly pressing given the wave of terrorist attacks over the last decades, which has fundamentally undermined the fragile consensus on the operation of national security services under the rule of law, reinforcing a ‘policy of prevention of terrorism and other national security threats’ (Bigo et al. 2015, 2). The study suggests that, regarding genuine national security concerns, it may be acceptable for an individual not to have direct access to their entire file, consequently not knowing in detail why the (specialist) authority considers them a threat. However, the court (or authority) must have the power to review the merits of the justification for this classification. Moreover, this power must always be exercised ex officio – since the very consequence of secrecy means that the person concerned is not in a legal position to challenge or contest the authorities’ findings on the merits.

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