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Sara Poli

The chapter focuses on the dichotomy between ‘subjects’ and ‘objects’ of EU law, taking restrictive measures against non-state entities as a test case. The piece argues that in the EU natural and legal persons, groups and other non-state entities have turned from objects to subjects of EU restrictive measures. They were takers or objects of EU law until a competence to target non-state entities was conferred on the EU with the Lisbon Treaty. Thus the latter has upgraded non-state entities to subjects of EU law and has given the CJEU competence to review individual restrictive measures. The Court has not been deferent to the Council and has annulled a number of restrictive measures, thus contributing to strengthen the position of non-state entities as subjects of EU law. However, there is scope for improving the position of non-state entities as litigants before the Court. Keywords: Common Foreign and Security Policy; restrictive measures; EU sanctions; non-state entities.

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Takis Tridimas and Sara Poli