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EU Counter-Terrorist Policies and Fundamental RightsThe Case of Individual Sanctions$
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Christina Eckes

Print publication date: 2009

Print ISBN-13: 9780199573769

Published to Oxford Scholarship Online: May 2010

DOI: 10.1093/acprof:oso/9780199573769.001.0001

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(p.420) Conclusions
EU Counter-Terrorist Policies and Fundamental Rights

Christina Eckes

Oxford University Press

This concluding chapter wraps up the discussion and summarizes the findings. Community sanctions should be distinguished from Union lists of terrorist suspects. Despite repeated annulments by the EU courts of Community sanctions, the European institutions continue to list and sanction individuals. The institutions have introduced limited procedural changes. However, as the repeated successful challenges of the same applicants show, individual sanctions continue to infringe the procedural and judicial rights of those listed. Because of a lack of information, the EU courts have not so far reviewed the well-foundedness of a single decision to list and sanction someone as a terrorist. They annul Community measures for breaching procedural rights. By contrast, the EU courts have not so far annulled any of the Union listings. Those included on Union lists remain in a ‘legal protection limbo’ without full access to justice. Hence, despite the repeated acknowledgement that ‘the systematic violation of human rights undermines true national security and may jeopardize international peace and security,’those targeted by sanctions against individuals continue to be effectively deprived of their rights. The European institutions remain largely free to draw up Union lists of terrorist suspects without legal scrutiny. This is irrespective of whether they identify those persons themselves, or whether they lend their name and credibility to the UN lists of terrorist suspects.

Keywords:   European Union, counter-terrorist measures, United Nations, sanctions, terrorist suspects

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