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The aim of the current article is the analyze the role of the CJEU in providing migration security of the EU Member States (MS) and consequently to the whole Union in the face of the migration crisis.2 Given the increased influx of migrants from third countries, which began in April 2015, it turned out that the existing legal instruments in the area of asylum and return law are not sufficient given the actual migration challenges. The Union has undertaken a number of reforms, which, however, are of a longterm character and it may take some time before they produce desired effects.3 On an introductory note, it is also worth referring to the current statistics with regard to migration into the Member States – in 2018, in accordance with the EASO data, 634,700 asylum applications were filed, which is almost a half less than in 2015. The main countries of origin included Syria, Afghanistan, Pakistan and Iran (Latest asylum trends, 2018). What is more difficult to represent with the use of statistics is the data with regard to irregular migration – in 2018, in accordance with the data provided by Frontex, 361,636 third-country nationals were identified as residing illegally within the territory of the MS (for the sake of comparison, in 2017 there were over 435,000 of such persons), 286,875 return decisions were issued and 148,121 returns were put into force (Risk Analysis for 2019, p. 52). In accordance with the thesis proposed in the current article, the CJEU does have the real possibility for shaping the standards of migration security in the area of asylum and return policy through its case-law.4 The cases examined by the Court of Justice

The problem of migration security in the current case-law of the CJEU – the perspective of Member States