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Is there a development in the case law of the EC Courts in relation to the legal protection of individuals on the EU terrorist lists?

Ahlen, Ebba von (2010) Is there a development in the case law of the EC Courts in relation to the legal protection of individuals on the EU terrorist lists?

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Abstract:Terrorism always has been a topic that causes quite a stir. In the aftermath of the terrorist attacks in September 2001, many states realised that the terrorism can only be dealt with in a global, preventive way. Therefore they introduced the so called “terrorist lists” at the UN and the EU level. A terrorist list is a listed where suspected persons are listed and, as a consequence of being listed, have their funds frozen. Many scholars criticised the lists for breaching fundamental Human Rights, such as the right to be heard and the right to have property. Additionally many affected people brought law suits before the European Courts in order to challenge their listing. Building on these suits, the research question of this assignment is whether Is there a development in the case law of the EC Courts in relation to the legal protection of individuals on the EU terrorist lists?” or not. The research question is addressed through the discussion of several sub-questions which are “What was the reason to establish the terrorist list at the level of the UN and the EU?”, “How are the lists decided on and what are the consequences of being listed?” and “How did the EU Courts judge in cases related to the EU terrorist lists?”. The case law analysis conducted as the basis for answering the above described question indeed showed that the European Courts during the course of time became more willing to support the claims of the plaintiffs if Human Rights and Fundamental Freedoms have been infringed or if procedural rights have been disrespected. Regarding the terrorist list under UN regulation, the Courts changed from a minimalist approach to a more extensive one. For example, they are now allowing the review of de-listing matters. When it comes to the autonomous list, the starting point was already from a higher level of protection. Nevertheless, also here, the Courts introduced some significant enhancements such as the introduction of a necessity to provide the reasons for inclusion to the affected individual.
Item Type:Essay (Bachelor)
Faculty:BMS: Behavioural, Management and Social Sciences
Subject:88 social and public administration
Programme:European Studies BSc (56627)
Link to this item:http://purl.utwente.nl/essays/60301
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