Cooper, Karen, and Walker, Clive, 'Heroic or Hapless? The Legal Reforms of Counter-Terrorism Financial Sanctions Regimes in the European Union' in Fabbrini, F. and Jackson, V., Constitutionalism Across Borders in the Struggle Against Terrorism

Abstract

The Court of Justice of the European Union has been neither wholly hapless nor wholly heroic. It has avoided being side-lined and appearing impotent in the face of UN onslaughts on European fundamental values. But it has not been heroic in the assertion and clear articulation of those values, nor has it suggested to other European Union or state authorities as to how the unacceptable predicaments created by financial listings can be avoided by more inventive approaches. The relatively weak judicial constraints imposed by the Court of Justice on the impact of the UNSCR 1267 regime need further support from other European institutions and especially from the Member States. They must not only exert political pressure for change at the UN level but also must seize opportunities to exploit alternatives in national law. Unfortunately, the Kadi litigation has exposed a lack of appetite for such reform, and European superheroes remain illusive.

Keywords: terrorism, sanction, Kadi, EU, UN Security Council

JEL Classification: K10, K14, K33, K19, K30, K33, K42, N40