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HOW NOT BEING SANCTIONED BY A COMMUNITY INSTRUMENT INFRINGES A PERSON'S FUNDAMENTAL RIGHTS: THE CASE OF SEGI

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Abstract:

The EU labels natural and legal persons as terrorists without providing the necessary procedural remedies to challenge such allegations and thereby infringes the right of access to justice of those sanctioned. The present lack of judicial protection is demonstrated by means of the SEGI case recently decided by the Court of First Instance (CFI). The applicant in this case was blacklisted as terrorist organisation in a CFSP common position without being targeted by a Community asset freeze. In the second and third pillar, however, the jurisdiction of the Courts of the European Union is very restricted. The current judicial setup was created on the premise that decisions taken in the Union Pillars are general policy decisions only. Individual sanctions, by contrast, are most concrete measures and have an immediate negative impact on the individual's rights. The adoption of such measures in CFSP instruments results in a denial of justice.

Keywords: CFSP; European blacklists; Sanctions against individuals; judicial review; right of access to justice

Document Type: Research Article

Publication date: January 1, 2006

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  • Until 2007 the King's Law Journal was known as the King's College Law Journal. It was established in 1990 as a legal periodical publishing scholarly and authoritative Articles, Notes and Reports on legal issues of current importance to both academic research and legal practice. It has a national and international readership, and publishes refereed contributions from authors across the United Kingdom, from continental Europe and further afield (particularly Commonwealth countries and USA). The journal includes a Reviews section containing critical notices of recently published books.
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