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

See all articles by Christina Eckes

Christina Eckes

Amsterdam Centre for European Law and Governance

Date Written: March 1, 2006

Abstract

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

Suggested Citation

Eckes, Christina, How Not Being Sanctioned by a Community Instrument Infringes a Person's Fundamental Rights: The Case of Segi (March 1, 2006). King’s College Law Journal 2006, pages 144‐154, Available at SSRN: https://ssrn.com/abstract=1448606

Christina Eckes (Contact Author)

Amsterdam Centre for European Law and Governance ( email )

Oudemanhuispoort 4-6
1012 CN Amsterdam
Netherlands

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