Research Handbooks in European Law series
Edited by Valsamis Mitsilegas, Maria Bergström and Theodore Konstadinides
Chapter 26: EU anti-terrorist sanctions
This chapter looks at what in common parlance are called ‘EU sanctions’ but which are referred to in the Treaty on the Functioning of the European Union (TFEU) as ‘restrictive measures’. The European Union implements United Nations Security Council (UNSC) targeted sanctions, as well as having its own, ‘autonomous’, sanctions. The EU’s use of autonomous sanctions has developed gradually, as its role as a world economic power has expanded. However, these two types of sanctions are intimately linked in a variety of different ways. In particular, EU sanctions methods have followed the practice of the UNSC, which is why I deal briefly with the latter in the introduction. The scope, limits and the safeguards surrounding EU sanctions are being constantly refined through case law. Thus, a useful way to treat the subject is to follow a broad chronological approach. The subject is complex because it involves looking at different branches of law, procedural law, constitutional law/human rights and criminal law. It also involves overlapping, and at times colliding, legal systems: the EU legal order, the legal order of the European Convention on Human Rights (ECHR), binding on all EU Member States, national legal orders and public international law. In a short chapter of this nature, it is not possible to go into every issue of interest. Instead, I have tried (as is the purpose of a Handbook) to give a practical, and critical, introduction to the subject.
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