Judicial Review of European Anti‐Terrorism Measures—The <i>Yusuf</i> and <i>Kadi</i> Judgments of the Court of First Instance

Eckes, Christina

doi:10.1111/j.1468-0386.2007.00402.x

Cited by 19 publications

(6 citation statements)

References 3 publications

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“…22. See notably Eeckhout, 2007;Curtin and Eckes, 2008;Hinojosa Martínez, 2008;d'Aspremont and Dopagne, 2008;de Búrca, 2010;della Cananea, 2008-9;De Sena and Vitucci, 2009;Eckes, 2008Eckes, , 2009Halberstam and Stein, 2009;Kunoy and Dawes, 2009;Nettesheim, 2007;Tridimas, 2009;Tridimas and Gutierrez-Fons, 2008-9;van den Herik and Schrijver, 2008;Wessel, 2008;and Vlcek, 2007. 23.…”

Section: Notesmentioning

confidence: 99%

Combating the Financing of Terrorism Together? The Influence of the United Nations on the European Union’s Financial Sanctions Regime

Léonard¹,

Kaunert²

2012

The Influence of International Institutions on the EU

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Since the devastating attacks of 11 September 2001 on the World Trade Center, international cooperation to combat terrorism has developed significantly both at the global and regional levels within bodies such as the United Nations (UN) and the European Union (EU) respectively (Cortright and Lopez, 2007; Spence, 2007; Weiss and Boulden, 2004). One of the most important dimensions of counter-terrorism is combating terrorist financing (CTF) (Acharya, 2009; Biersteker, Eckert and Romaniuk, 2008). While it has often been observed that the conduct of terrorist attacks does not necessarily require large amounts of money, it is generally acknowledged that the preparation of attacks and the other activities of terrorist groups-such as recruitment, training, propaganda, and the promotion of terrorist causesnecessitate higher levels of funding (Acharya, 2009; Clunan, 2007; Richard, 2005, 5-6). Preventing would-be terrorists from accessing funds is therefore a way to disrupt their activities and prevent future attacks (Gardner, 2007, 157). Focusing on the money trail left by terrorists also allows investigators to gather evidence against terrorists and to generate intelligence concerning terrorist groups (Bures, 2010, 419). Terrorism can be funded legally or illegally (Acharya, 2009). Lawful or legitimate funds include money raised by charities, donations and the proceeds of other forms of fund-raising, whereas illegal funds refer to proceeds of criminal activities such as money-laundering, drug trafficking, and illegal arms trade. Such proceedings would be frozen or seized even if they were not destined to finance terrorism, in contrast to legal funds that can only be frozen or seized if it is intended that they should finance terrorism (Bantekas, 2003, 316). 1 In addition, terrorism can be funded by states or private actors. As there has been a significant decrease in the number of states financing terrorism over the last few years, the role of private actors in the financing of

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Section: Notesmentioning

confidence: 99%

Combating the Financing of Terrorism Together? The Influence of the United Nations on the European Union’s Financial Sanctions Regime

Léonard¹,

Kaunert²

2012

The Influence of International Institutions on the EU

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“…17 At risk of 'instrumentalizing' the legal text in order to develop a political point (Klabbers, 2010), I maintain that it is important to weigh and evaluate the political effects of the Kadi decision and its potential to normalize the exceptional measure of blacklisting. It is precisely because this case is frequently welcomed as a major step forward in the improvement of the accountability and justice of the sanction regime (Eckes, 2008;Guild, 2008) that it is important to assess to what extent the logic of pre-emption is really being challenged here.…”

Section: The European Court Of Justice the Kadi Case And Four Elements Of Pre-emptionmentioning

confidence: 99%

“…This reasoning was upheld in the 2005 CFI decision, which regarded the precautionary nature of the measure as sufficient reason to withhold examination and even communication of evidence. The review standard that was applied by the CFI to the sanction measures was based on jus cogens, which, according to legal scholars Tridimas and Gutierrez-Fons (2009: 934), was intended to 'lower substantially the degree of judicial scrutiny by pushing well back the threshold of review' (see also Eckes, 2008). However, the lower court's judgment is now being contested, and the question of evidence is at the heart of the 2008 and 2010 appeals.…”

Section: The European Court Of Justice the Kadi Case And Four Elements Of Pre-emptionmentioning

confidence: 99%

“…Substantial academic attention and critique has surrounded targeted sanctions and blacklists, as they challenge existing logics of evidence, criminal culpability and proportionality. Legal specialists have pointed to the shortcomings of these measures in terms of their procedural safeguards and human rights (see, for example, Eckes, 2008Eckes, , 2009Watson Institute, 2006). Following a detailed investigation by Swiss parliamentarian Dick Marty, the Council of Europe issued a damning report of the UN and EU sanctions regime in 2007, noting that their human rights protections 'fall far short' of minimum international standards.…”

Section: Introduction: the Symbolic Politics Of Blacklistingmentioning

confidence: 99%

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Blacklisting and the ban: Contesting targeted sanctions in Europe

Goede

2011

Security Dialogue

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This article examines the practice of targeted sanctions as they are deployed against individuals and groups suspected of financing and facilitating terrorism in Europe. Substantial academic attention and critique has surrounded targeted sanctions and blacklists, as these practices challenge existing logics of evidence, criminal culpability and proportionality. This article seeks to move the analysis of blacklisting beyond the breach of individual rights and toward an understanding of the wider political implications. It draws upon the work of Giorgio Agamben to offer a reading of blacklisting in terms of its symbolic function of banishment and exclusion, which simultaneously redraws the boundaries around normal, valued, ways of life. The article teases out the exceptional and pre-emptive nature of blacklisting as a security measure. It analyses in some detail the Kadi case before the European Court of Justice, and argues that blacklisting and its current contestations work to inscribe the principles of pre-emption into the international juridical order.

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“…But the disbelief is, at times, also mutual. Exchanges with Australian lawyers and academics, who look toward Europe for guidance and inspiration and admire its over-arching human rights protection, appear confused when reports of conditions in Greece,12 or Italy pushing back boats from north Africa, 13 are revealed. Indeed, mutual trust that human rights standards are upheld even within the European Union has been shown as something not to be assumed.…”

Section: Chapter Introductionmentioning

confidence: 99%

The detention of asylum seekers in the European Union and Australia

Provera¹

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Judicial Review of European Anti‐Terrorism Measures—The Yusuf and Kadi Judgments of the Court of First Instance

Abstract: In the Yusuf

Cited by 19 publications

References 3 publications

Combating the Financing of Terrorism Together? The Influence of the United Nations on the European Union’s Financial Sanctions Regime

Combating the Financing of Terrorism Together? The Influence of the United Nations on the European Union’s Financial Sanctions Regime

Blacklisting and the ban: Contesting targeted sanctions in Europe

The detention of asylum seekers in the European Union and Australia

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