145It follows that, although Article 72 TFEU provides that Title V of the Treaty is not to affect the exercise of the responsibilities incumbent upon Member States with regard to the maintenance of law and order and the safeguarding of internal security, it cannot be read in such a way as to confer on Member States the power to depart from the provisions of the Treaty based on no more than reliance on those responsibilities (see, by analogy, judgments of 15 December 2009, Commission v Denmark, C‑461/05, EU:C:2009:783, paragraph 53, and of 4 March 2010, Commission v Portugal, C‑38/06, EU:C:2010:108, paragraph 64).
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