La nozione di ordine pubblico quale limite alla libera circolazione dei cittadini di Paesi terzi

Abstract

The concept of public order as a limit to the free movement of third-country nationals - The article examines the concept of public order in the European Union as a limitation to freedom of movement of Third-Country Nationals, analyzing its legal and judicial evolution. Starting from the Schengen Agreements and Regulation 2016/399, it delves into the role of the Court of Justice in linking public order to serious and actual threats to society, with particular attention to residence rights and expulsion procedures for third-country nationals. The analysis considers recent rulings and the innovations introduced by the 2024 “New Pact on Migration and Asylum” highlighting the impact of digital technologies on migration policies and the protection of fundamental rights.

Keywords: Public order; Freedom of movement; Schengen agreement; Third-country nationals; New Pact on migration and asylum