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EU Counter-Terrorist Policies and Fundamental Rights - The Case of Individual Sanctions (Hardcover, New)
Loot Price: R2,821
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EU Counter-Terrorist Policies and Fundamental Rights - The Case of Individual Sanctions (Hardcover, New)
Series: Oxford Studies in European Law
Expected to ship within 12 - 17 working days
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Sanctions against private individuals have been widely used in the
fight against terrorism, but not without significant controversy.
This book examines the complex institutional and substantive issues
arising from the European Union's practice of listing and
sanctioning private individuals suspected of supporting terrorism.
It provides a comprehensive analysis of the issues raised by
individual sanctions adopted to give legal effect to United Nations
lists and those drawn up by the EU itself.
The book demonstrates that individual sanctions endanger the
protection of fundamental rights and the functioning of the
European legal order. While the ECJ has in principle confirmed that
all Community sanctions are subject to full judicial review
irrespective of whether they give effect to UN lists or EU lists,
in practice individuals do not have the necessary procedural rights
at their disposal. Additionally, protection from listings of
individuals as terrorist suspects in the second and third pillar
remains very limited. This raises the possibility that national
constitutional courts could challenge the supremacy of European law
in reaction to this disregard of fundamental rights and
foundational principles.
The book provides a comprehensive analysis of these complex legal
issues, and situates them in their international context. The basis
of the book is a critical review of the case-law of the CFI and the
ECJ on individual sanctions. Conclusions are drawn how the EU
Courts should provide fundamental rights protection and suggestions
are made how the adoption procedure of individual sanctions could
comply with general principles of EU law.
General
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