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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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Protection from Autonomous European Sanctions: Community Law and Union Lists

Protection from Autonomous European Sanctions: Community Law and Union Lists

Chapter:
(p.303) 6 Protection from Autonomous European Sanctions: Community Law and Union Lists
Source:
EU Counter-Terrorist Policies and Fundamental Rights
Author(s):

Christina Eckes

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199573769.003.0006

This chapter examines the quality of procedural and judicial protection from Community regulations and demonstrates that judicial review of Union lists is not only necessary from the perspective of the individual, but that such a review is also required by European law. The structure of the chapter is as follows. Section 1 examines the protection offered to those targeted by European sanctions giving effect to Union lists of terrorist suspects. This includes both protection from Community and Union law. Section 2 discusses different avenues that lead to judicial review of Union law. Section 3 briefly analyzes the protection from Union listings before the European Court of Human Rights (ECtHR), while Section 4 examines the possibility of judicial review of Union law in national courts. The starting point for the latter examination is the Opinion of Advocate-General Mengozzi in the case of Segi. Section 5 analyses the interplay between the different courts in Europe. It attempts to point out how the decisions of the ECtHR and the national courts influence the rulings in the EU courts. A conclusion wraps up the discussion.

Keywords:   European Union, sanctions, European Community, counter-terrorist measures, Human Rights

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