Chapter

The Right of Access to Justice

Christina Eckes

in EU Counter-Terrorist Policies and Fundamental Rights

Published in print December 2009 | ISBN: 9780199573769
Published online May 2010 | e-ISBN: 9780191722158 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780199573769.003.0003

Series: Oxford Studies in European Law

 The Right of Access to Justice

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This chapter examines the ways in which European sanctions against private individuals clash with the well-established right of access to justice, both under the European Convention on Human Rights (ECHR) and under EU law. Particular attention is paid to the criminal implications of individual sanctions. The structure of the chapter is as follows. Section 1 outlines the commitment of the EU to the rule of law. Section 2 emphasizes the importance of the ECHR for EU law and points out the difference of fundamental rights protection under the ECHR and under EU law. Section 3 conducts a detailed analysis of whether and to what extent those listed as terrorist suspects under Union law and those sanctioned by the Community can rely on Article 6 ECHR in light of the case-law of the European Court of Human Rights (ECtHR). It shows that both the Court of First Instance (CFI) and the ECtHR departed from established standards of fundamental rights in cases concerning individual sanctions. It is submitted that those targeted by European sanctions against individuals have a right to judicial review according to Article 6 ECHR and, even if only applied subsidiarily, a right to an effective remedy under Article 13 ECHR. It is further argued that the criminal characteristics of individual sanctions require a strict application of Article 6 ECHR.

Keywords: European Union; sanctions; EU law; Human Rights; private individuals; counter-terrorist measures

Chapter.  26109 words. 

Subjects: Human Rights and Immigration

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