EU Counter-Terrorist Policies and Fundamental Rights: The Case of Individual Sanctions
Oxford University Press, pp. 1-478, 2009
18 Pages Posted: 26 Jun 2012 Last revised: 29 Jun 2012
Date Written: December 10, 2009
This book examines the complex institutional and substantive issues arising from the EU’s practice of listing and sanctioning private individuals who are suspected of supporting terrorism. It provides a comprehensive analysis of the two types of counter-terrorist sanctions adopted within the EU: those giving effect to UN lists of terrorist suspects and those giving effect to autonomous European lists. In more detail, the book seeks to demonstrate that in the area of individual sanctions, procedural and judicial protection both from Community (first pillar) and Union (second and third pillar) measures has fallen below the standard required by EU law and by the European Convention on Human Rights (ECHR). European sanctions against individuals continue to infringe the fundamental rights of those targeted. While the European Court of Justice (ECJ) has in principle confirmed that all Community sanctions are subject to full judicial review irrespective of whether they give effect to UN or EU lists, in practice individuals do not (yet) have the necessary procedural rights at their disposal. In particular, the relevant information on which the listings are based is not shared with the parties or even with the courts. Further, procedural and judicial protection from terrorist listings in the second and third pillar (Union lists) remains very limited. The book argues that independent judicial review, but also procedural protection, take an exceptionally important role in the area of counter-terrorist policies where it is crucial to ensure the proportionality of far-reaching fundamental rights restrictions in the individual case.
Book available at online.
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