How Not Being Sanctioned by a Community Instrument Infringes a Person's Fundamental Rights: The Case of Segi
King’s College Law Journal 2006, pages 144‐154
11 Pages Posted: 14 Aug 2009 Last revised: 29 Jun 2012
Date Written: March 1, 2006
In the attempt to fight international terrorism, the European Union (EU) has begun to sanction individuals. Alarmingly, these sanctions are adopted in a judicial vacuum. The EU labels natural and legal persons as terrorists without providing the necessary procedural remedies to challenge such allegations and thereby infringes the right of access to justice of those sanctioned. In particular, the second (Common Foreign and Security Policy — CFSP) and third (Justice and Home Affairs — JHA) pillars of the EU do not provide the judicial protection required for such measures in a state of law. An incidental judicial review of those listings is possible only where they are followed by an actual freezing of assets under the first pillar. Otherwise, they remain unchallengeable official accusations infringing the individual’s right of access to justice (Article 6 ECHR) and her right to reputation (recognised under Article 8 ECHR), not to mention the potentially disastrous economic consequences.
Keywords: case of Segi, individual sanctions, CFSP, JHA, judicial review
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