Chapter

What are the Alternatives? Adoption and Review

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/9780199573769.003.0007

Series: Oxford Studies in European Law

 What are the Alternatives? Adoption and Review

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This chapter takes a practical and principled look into the future, exploring whether and how individual sanctions could lawfully and legitimately be adopted under European law. The chapter is structured as follows. Section 1 examines how autonomous sanctions against individuals could be adopted in compliance with procedural rights. Section 2 considers procedural protection from European sanctions giving effect to UN lists. Section 3 addresses the necessary level of judicial control over individual sanctions. It considers the role of the judiciary in determining the line that separates lawful counter-terrorist measures from unjustifiable human rights restrictions. Section 4 discusses the proportionality of individual sanctions.

Keywords: European Union; individual sanctions; procedural rights; judicial control; counter-terrorist measures

Chapter.  21200 words. 

Subjects: Human Rights and Immigration

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