Suchergebnisse

III. Individual Sanctions and Order Building -- IV. Individualisation and Global (Imperial) Law -- 9. Pacification and EU Sanctions -- I. The EU and Pacification -- II. Sanctions and Pacification -- III. EU Law and Pacification -- IV. Juridification and Pacification -- Conclusion -- I. Law, Individual Sanctions and the Policing of Order -- II. What Order? Individual Sanctions and the Nascent Global Imperial State.

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AbstractIn recent years, the question of whether, and to what extent, measures implementing United Nations (UN) Security Council Resolutions can be subject to judicial review has stirred heated debates. This contribution takes a fresh look at the question in the context of the EU's implementation of a series of Security Council Resolutions relating to the fight against terrorism using the well-established EU principle of loyal cooperation. It suggests that the principle could play a role in determining the appropriate standard and intensity of judicial review, and considers the value of approaching the question in that way.

AbstractUsing the example of anti-terrorism measures, this chapter looks at the difficulties experienced by the Court of Justice of the EU (CJEU) in reconciling the conflicting demands of fundamental rights protection and public security. It shows that under the current arrangements, the CJEU cannot have regard to information which has not gone through a proper adversarial hearing, even in cases where disclosure of the relevant information will jeopardise the public interest. The chapter thus envisages the possibility for reform. It examines, in particular, the special advocate procedure and the sort of difficulties that its transposition in the EU context would give rise to.