Ayadi v Council: Competence and Justice in the 'War on Terrorism'

Dublin University Law Journal, p. 426, 2007

17 Pages Posted: 31 Jan 2009

See all articles by Cian C. Murphy

Cian C. Murphy

University of Bristol - School of Law

Date Written: January 1, 2007

Abstract

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

Suggested Citation

Murphy, Cian C., Ayadi v Council: Competence and Justice in the 'War on Terrorism' (January 1, 2007). Dublin University Law Journal, p. 426, 2007, Available at SSRN: https://ssrn.com/abstract=1335364

Cian C. Murphy (Contact Author)

University of Bristol - School of Law ( email )

8-10 Berkeley Square
Bristol, BS8 1TH
United Kingdom

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