On failed relocation and would-be Leviathans: Towards the New Pact on Migration and Asylum

This final act of the European saga on relocation is important in two respects. First, it makes clear that Article 72 TFEU is not a “Trojan horse” in the liberal stronghold of EU law: it does not allow Member States to select which rules of EU law to apply in the name of their prior Hobbesian mission. Second, the grounds of public policy/public order that a Member State could invoke to oppose the relocation of an asylum seeker cannot be interpreted broadly: even though potential threats can be considered, a double standard of protection between EU and non-EU citizens who are affected by national security measures does not seem to emerge. Moreover, the relocation experiment confirms the existence of an executive deficit of the EU, which the upcoming New Pact on Migration and Asylum should not overlook.