Controlling the Most Dangerous Branch at Bay: Multilayered Counter-Terrorist Policies and the European Judiciary

European Journal for Risk Regulation, Issue 4, pp. 505-522, 2011

Amsterdam Law School Research Paper No. 2011-08

Amsterdam Centre for European Law and Governance Research Paper No. 2011-02

35 Pages Posted: 22 Jun 2011 Last revised: 26 Jun 2012

See all articles by Christina Eckes

Christina Eckes

Amsterdam Centre for European Law and Governance

Date Written: March 1, 2011

Abstract

This working paper discusses the most recent developments in the adoption and adjudication of UN and EU counter-terrorist sanctions against individuals. It explains how, at both levels, their adoption is characterized by a deep disregard for fundamental rights. Furthermore, the paper develops how the adoption of individual sanctions has led the EU institutions and the EU Member States into an impasse. It is impossible to give effect to UN sanctions without breaching European and, for the Member States, in principle also national law and international law. However, by not giving effect to UN sanctions the EU Member States act in conflict with their obligations under the UN Charter, and the EU institutions arguably act against the objectives of the European Treaties. Finally, the paper turns to individual sanctions in the light of the doctrine of separation of powers and the changing tasks of the judiciary when faced with multilayered governance. Courts are given the power to establish a hierarchy of norms with far-reaching effects which did not exist a priori.

Keywords: EU Counter-terrorist measures, separation of powers, the case of Kadi II, multilayered governance

JEL Classification: K33

Suggested Citation

Eckes, Christina, Controlling the Most Dangerous Branch at Bay: Multilayered Counter-Terrorist Policies and the European Judiciary (March 1, 2011). European Journal for Risk Regulation, Issue 4, pp. 505-522, 2011, Amsterdam Law School Research Paper No. 2011-08, Amsterdam Centre for European Law and Governance Research Paper No. 2011-02, Available at SSRN: https://ssrn.com/abstract=1865785 or http://dx.doi.org/10.2139/ssrn.1865785

Christina Eckes (Contact Author)

Amsterdam Centre for European Law and Governance ( email )

Oudemanhuispoort 4-6
1012 CN Amsterdam
Netherlands

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