EU Counter-Terrorist Policies and Fundamental Rights: The Case of Individual Sanctions

Hardcover | January 17, 2010

byChristina Eckes

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Sanctions against private individuals have been widely used in the fight against terrorism, but not without significant controversy. This book examines the complex institutional and substantive issues arising from the European Union's practice of listing and sanctioning private individualssuspected of supporting terrorism. It provides a comprehensive analysis of the issues raised by individual sanctions adopted to give legal effect to United Nations lists and those drawn up by the EU itself. The book demonstrates that individual sanctions endanger the protection of fundamental rights and the functioning of the European legal order. While the ECJ has in principle confirmed that all Community sanctions are subject to full judicial review irrespective of whether they give effect to UNlists or EU lists, in practice individuals do not have the necessary procedural rights at their disposal. Additionally, protection from listings of individuals as terrorist suspects in the second and third pillar remains very limited. This raises the possibility that national constitutional courtscould challenge the supremacy of European law in reaction to this disregard of fundamental rights and foundational principles.The book provides a comprehensive analysis of these complex legal issues, and situates them in their international context. The basis of the book is a critical review of the case-law of the CFI and the ECJ on individual sanctions. Conclusions are drawn how the EU Courts should provide fundamentalrights protection and suggestions are made how the adoption procedure of individual sanctions could comply with general principles of EU law.

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Sanctions against private individuals have been widely used in the fight against terrorism, but not without significant controversy. This book examines the complex institutional and substantive issues arising from the European Union's practice of listing and sanctioning private individualssuspected of supporting terrorism. It provides ...

Dr. Christina Eckes is a post doctoral researcher at the University of Amsterdam. Prior to this, she worked as lecturer at the University of Surrey (2007-2008), Guildford, where she co-founded the Surrey European Law Unit (SELU). After having completed her studies at the University of Trier and Lausanne with the First State Examinatio...

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Kobo ebook|Jan 20 2011

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Format:HardcoverDimensions:496 pages, 9.21 × 6.14 × 0.01 inPublished:January 17, 2010Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:019957376X

ISBN - 13:9780199573769

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Table of Contents

Introduction1. European Sanctions against Individuals in Context2. Competence3. The Right of Access to Justice4. Limits of Fundamental Rights in the Face of Terrorism5. Judicial Review of European Sanctions Giving Effect to UN Lists of Terrorist Suspects6. Judicial Review of Union Listings and Community Sanctions Giving Effect to Them7. Adopting Individual Sanctions in Compliance with Procedural RightsConclusions