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EU Counter-Terrorist Policies and Fundamental RightsThe Case of Individual Sanctions$
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Christina Eckes

Print publication date: 2009

Print ISBN-13: 9780199573769

Published to Oxford Scholarship Online: May 2010

DOI: 10.1093/acprof:oso/9780199573769.001.0001

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Judicial Review of European Sanctions Giving Effect to UN Lists of Terrorist Suspects

Judicial Review of European Sanctions Giving Effect to UN Lists of Terrorist Suspects

Chapter:
(p.221) 5 Judicial Review of European Sanctions Giving Effect to UN Lists of Terrorist Suspects
Source:
EU Counter-Terrorist Policies and Fundamental Rights
Author(s):

Christina Eckes

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199573769.003.0005

This chapter considers judicial protection from European sanctions based on UN lists of terrorist suspects. The structure of the chapter is as follows. Section 1 sets out the (potential) friction that the multi-layered adoption procedure of sanctions giving effect to UN lists creates between the European legal order and international law. Section 2 turns to the perspective of international law on the binding force and on the status of Security Council resolutions. Section 3 examines the perspective of European law. It demonstrates that neither the European Treaties nor the case-law of the European Court of Justice (ECJ) justify the Community itself being bound by decisions of the Security Council. Section 4 discusses alternatives to the positions of the Court of First Instance (CFI) and the ECJ Section 5 places the EU courts' decisions in context. It analyses the case-law of the European Court of Human Rights (ECtHR) and of a selection of national Supreme Courts concerning the review of domestic acts implementing Security Council resolutions.

Keywords:   European Union, sanctions, terrorist suspects, judicial protection, international law, European law, Security Council

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