The evolution of public order and public policy in EU Law: Europeanisation of essential state functions and the Union’s public order

Public order and public policy have long been features of the EU law landscape as grounds of derogations for Member States. Recent developments analysed in this Special Section appear to point to two developments in this field. On the one hand, public order and public security continue to be used as grounds for derogations but in new fields, closer to “essential state functions” of the Member States and with somewhat altered legal frameworks where the Charter of Fundamental Rights and secondary legislation play important roles. On the other hand, we are witnessing the Union itself as provider of security and more recently the articulation of a “Union public order and public policy”. While requiring further study these two developments may point to a further Europeanisation of the notion of public order and public security with implications for the nature of Member States as sovereign states and the constitution of European society.