Chapter

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

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/9780199573769.003.0005

Series: Oxford Studies in European Law

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

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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

Chapter.  37334 words. 

Subjects: Human Rights and Immigration

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