The European Union, Counter-Terrorism Sanctions Against Individuals and Human Rights Protection

Gabriele Porretto

Research output: Chapter in Book/Report/Conference proceedingChapter

Abstract

This chapter reviews some of the cases brought, until 2006, to the Court of First Instance (CFI) of the European Court of Justice by individuals and entities seeking judicial review of EU counter-terrorism sanctions implementing, respectively, UN Security Council Resolution 1267 (1999) and Resolution 1373 (2001). While the CFI has declined to review EU acts implementing the 1267 sanctions regime, it has recently fully scrutinised and declared invalid an EC regulation implementing Resolution 1373, insofar as it freezes the plaintiff’s assets. The different outcome in the latter case is due to the different features of the 1373 sanctions regime.The CFI position on the cases originating from the 1267 sanctions regime does not seem to be in line with the current picture of the EU system, where as a result of a long work of judicial construction, the protection of fundamental human rights is well entrenched in the EU Treaty. The Court’s acceptance of a lacuna in the EU human rights framework is all the more worrying if one considers the lack of alternative avenues of redress open to individuals targeted by counter-terrorism sanctions.
LanguageEnglish
Title of host publicationFresh Perspectives on the ‘War on Terror'
EditorsPenelope Mathew, Miriam Gani
Pages235-268
Publication statusPublished - 2008

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sanction
terrorism
human rights
EU
Implementing Regulations
EU Treaty
UN Security Council
European Court of Justice
European Community
assets
acceptance
lack

Cite this

Porretto, G. (2008). The European Union, Counter-Terrorism Sanctions Against Individuals and Human Rights Protection. In P. Mathew, & M. Gani (Eds.), Fresh Perspectives on the ‘War on Terror' (pp. 235-268)
Porretto, Gabriele. / The European Union, Counter-Terrorism Sanctions Against Individuals and Human Rights Protection. Fresh Perspectives on the ‘War on Terror'. editor / Penelope Mathew ; Miriam Gani. 2008. pp. 235-268
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Porretto, G 2008, The European Union, Counter-Terrorism Sanctions Against Individuals and Human Rights Protection. in P Mathew & M Gani (eds), Fresh Perspectives on the ‘War on Terror'. pp. 235-268.

The European Union, Counter-Terrorism Sanctions Against Individuals and Human Rights Protection. / Porretto, Gabriele.

Fresh Perspectives on the ‘War on Terror'. ed. / Penelope Mathew; Miriam Gani. 2008. p. 235-268.

Research output: Chapter in Book/Report/Conference proceedingChapter

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Porretto G. The European Union, Counter-Terrorism Sanctions Against Individuals and Human Rights Protection. In Mathew P, Gani M, editors, Fresh Perspectives on the ‘War on Terror'. 2008. p. 235-268