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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.
EU external actions have deep constitutional and institutional
implications for EU law and practices. The EU's competences in
external relations have continuously increased, including with the
entry into force of the Treaty of Lisbon. As a result, the EU has
become ever more active in external relations. This has in turn
increased the internal constitutional and institutional effects of
EU external actions. This book traces these legal effects and the
broader constitutional implications, including potential
integrative forces. EU external actions affect the power division
between the EU and its Member States and between the different EU
institutions; the unity and autonomy of the EU legal order; the
role and position of Member States on the international plane;
their autonomy; the relationship between national, international
and EU law; and the ability of EU citizens to identify who is
responsible for a particular action or policy, as well as their
legitimate expectation that the EU takes action on their behalf.
The chapters demonstrate the interpretation of organizational
principles, such as sincere cooperation, subsidiarity, primacy and
coherence, changes in the context of external relations; how the
choice of an external legal basis rather than an internal legal
basis affects the powers of the Union and its Member States; what
power shifts happen when policies are determined in international
agreements, rather than in internal decision-making; and how EU
participation in international dispute settlement mechanisms
affects the autonomy and legitimacy of the EU.
The 'Europeanisation' of the fight against crime is a broad and
much-contested notion. This in-depth analysis of the role of the EU
in fighting crime within the area of freedom, security and justice
explores the impact of EU policies in the Member States, the
progressive convergence of Member States' criminal law systems, the
emergence of mutual recognition as an alternative to harmonization,
and the incremental development of the ECJ's jurisdiction. The
essays also explore the limitations inherent in EU counter-crime
policies and the changes brought about by the introduction of the
Treaty of Lisbon. These changes are discussed both collectively and
within individual substantive areas in which the EU has taken an
active role in fighting crime, such as corruption, money
laundering, terrorism, organised crime and extradition.
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