Trapped between Courts or How European Terrorist Suspects Lost Their Right to a Remedy

In: Ramsel Wessel, Andreas Føllesdal and Jan Wouters (eds), Multilevel Regulation and the EU - The Interplay between Global, European and National Normative Processes, BRILL, 2008, Chapter 12, pp. 261-299

39 Pages Posted: 30 Jun 2012

See all articles by Christina Eckes

Christina Eckes

Amsterdam Centre for European Law and Governance

Date Written: 2008

Abstract

This paper analyses how the European courts refrain from providing full judicial review of lists of terrorist suspects adopted under European law. In a second part, the paper demonstrates that judicial protection could be offered under the law as it stands.

The paper is divided into four parts. Part two briefly introduces the two different types of sanctions. Part three analyses the judicial protection from sanctions originating at the UN level. Part four does the same for individual sanctions originating at the European level. Both types of sanctions are examples of multi-layered regulation originating at the UN level, followed by implementation measures at both the European and at the national level. It is argued that judicial protection should be provided before the Luxembourg and the Strasbourg courts, as well as in the national courts. Special attention is given to the question of whether the lack of judicial protection in the Luxembourg courts is in line with the settled case law of the ECJ. Part five looks briefly at the interplay between the ECtHR, the Luxembourg courts and the national courts.

Suggested Citation

Eckes, Christina, Trapped between Courts or How European Terrorist Suspects Lost Their Right to a Remedy (2008). In: Ramsel Wessel, Andreas Føllesdal and Jan Wouters (eds), Multilevel Regulation and the EU - The Interplay between Global, European and National Normative Processes, BRILL, 2008, Chapter 12, pp. 261-299, Available at SSRN: https://ssrn.com/abstract=2096199

Christina Eckes (Contact Author)

Amsterdam Centre for European Law and Governance ( email )

Oudemanhuispoort 4-6
1012 CN Amsterdam
Netherlands

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