Ayadi v Council: Competence and Justice in the 'War on Terrorism'
Dublin University Law Journal, p. 426, 2007
17 Pages Posted: 31 Jan 2009
Date Written: January 1, 2007
Ayadi v Council is, along with the long-running Bosphorus litigation, the second Irish case in as many years to deal with the complicated question of targeted sanctions. Chafiq Ayadi is a Tunisian citizen, resident in Ireland since 1997, and father to two Irish citizens. Following his designation on a list of individuals linked to al-Qaeda by the Sanctions Committee of the United Nations Security Council, and the adoption of an identical list by the European Council, Mr Ayadi's assets were frozen by the Irish State, an action he subsequently challenged in the Community courts. Council. This paper sets out the Ayadi judgment and critically analyses its reasoning. It argues that the Court's logic is flawed: the legal basis for the EC Regulation is questionable; the Court fails to vindicate the applicant's right to judicial review; and the result ignores the serious infringement of individual rights.
Keywords: EU, Counter-Terrorism, Sanctions
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