Judgment_paragraph 49 · Κ.Α.Μ. v Republic of Cyprus (C-454/23)

49Specifically, the concept of ‘the security of the Member State in which [the refugee] is present’, referred to in Article 14(4)(a) of Directive 2011/95, corresponds to that of ‘national security’, referred to in Article 24(1) of that directive. In that regard, it is necessary to take into consideration the case-law of the Court according to which the concept of ‘public security’, within the meaning of Article 28(3) of Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States amending Regulation (EEC) No 1612/68 and repealing Directives 64/221/EEC, 68/360/EEC, 72/194/EEC, 73/148/EEC, 75/34/EEC, 75/35/EEC, 90/364/EEC, 90/365/EEC and 93/96/EEC (OJ 2004 L 158, p. 77, and corrigenda OJ 2004 L 229, p. 35 and OJ 2005 L 197, p. 34), covers both the internal security of a Member State and its external security and consequently a threat to the functioning of institutions and essential public services and to the survival of the population, as well as the risk of a serious disturbance to foreign relations or to peaceful coexistence of nations, or a risk to military interests, may affect public security (see, to that effect, judgment of 24 June 2015, T., C‑373/13, EU:C:2015:413, paragraph 78 and the case-law cited).

Κ.Α.Μ. v Republic of Cyprus (C-454/23)

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