International Sanctions and Legal Guarantees: Jurisdictional Control of EU Terrorism Lists
Abstract
United Nations Security Council 1373 (2001) built the foundations for the UN Global Counter-Terrorism Strategy. In order to put that resolution into practice the Council of the European Union adopted the Common Position 2001/931/CFSP, in which restrictive measures (sanctions) concerning a number of people, groups and bodies economically or effectively involved in terrorist attacks were taken. The current piece of work will start by looking into the role of international sanctions as an antiterrorism weapon and will also assess the impact of EU Court of Justice decisions about the Kadi Case. After that, which we will look into the legal jurisdictional control of restrictions taken by the Common Position 2001/931/CFSP in the European Union, particularly the scope of procedure guaranties within the frame of 1.4 and 1.6 articles of Common Position viewpoint always under the umbrella of the EU Court of Justice and the General Court caselaw following the LTTE (Liberation Tigers of Tamil Eelam) and Hamas cases. Such analysis will let us comprehend and assess the content behind the rights of defense and effective judicial protection concerning antiterrorism sanctions by EU Council.
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