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The European Union, Counter-Terrorism Sanctions Against Individuals and Human Rights Protection

Biomedical Sciences Research Institute Computer Science Research Institute Environmental Sciences Research Institute Nanotechnology & Advanced Materials Research Institute

Porretto, Gabriele (2008) The European Union, Counter-Terrorism Sanctions Against Individuals and Human Rights Protection. In: Fresh Perspectives on the ‘War on Terror'. (Eds: Mathew, Penelope and Gani, Miriam), ANU E Press, pp. 235-268. ISBN 9781921313738 [Book section]

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URL: http://epress.anu.edu.au/war_terror/pdf/ch12.pdf

Abstract

This chapter reviews some of the cases brought, until 2006, to the Court of First Instance (CFI) of the European Court of Justice by individuals and entities seeking judicial review of EU counter-terrorism sanctions implementing, respectively, UN Security Council Resolution 1267 (1999) and Resolution 1373 (2001). While the CFI has declined to review EU acts implementing the 1267 sanctions regime, it has recently fully scrutinised and declared invalid an EC regulation implementing Resolution 1373, insofar as it freezes the plaintiff’s assets. The different outcome in the latter case is due to the different features of the 1373 sanctions regime.The CFI position on the cases originating from the 1267 sanctions regime does not seem to be in line with the current picture of the EU system, where as a result of a long work of judicial construction, the protection of fundamental human rights is well entrenched in the EU Treaty. The Court’s acceptance of a lacuna in the EU human rights framework is all the more worrying if one considers the lack of alternative avenues of redress open to individuals targeted by counter-terrorism sanctions.

Item Type:Book section
Faculties and Schools:Faculty of Social Sciences
Faculty of Social Sciences > School of Law
Research Institutes and Groups:Transitional Justice Institute
ID Code:9285
Deposited By:Dr Gabriele Porretto
Deposited On:26 Jan 2010 12:26
Last Modified:26 Jan 2010 12:26

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