Freezing of Assets as a Counter-Terrorism Measure in the EU After Al-Aqsa Judgment of the Court of Justice

Wojciech Szydło ()
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Wojciech Szydło: University of Wrocław

A chapter in Eurasian Economic Perspectives, 2018, pp 113-132 from Springer

Abstract: Abstract The judgment of the Court of Justice of the EU (“the CJEU”) in the Al-Aqsa case is yet another ruling where the CJEU examines the measures of EU secondary law providing for the freezing of assets of persons and entities suspected of financing terrorism as to their compatibility with EU primary law, particularly with the EU fundamental rights. The stance taken here by the CJEU constitutes an occasion to re-think some very controversial issues regarding the EU’s fight against financing terrorism, including the following: what is the legal status of UN Security Council resolutions in the EU legal order, and whether and, if so, to what extent the EU courts are authorized to assess the compatibility of these resolutions and/or EU acts implementing them with the EU Treaties, with other sources of EU primary law, or possibly with other points of reference, including some norms or principles of public international law; whether we should accept that the CJEU still lowers the standard of protection of the parties affected by the freezing of assets, especially in comparison with its earlier rulings; and whether the allocation of competences between the EU institutions and Member States in the discussed field is indeed optimal.

Keywords: Freezing of assets; Counter-terrorism measure; Al-Aqsa case; Court of Justice of the European Union; UN Security Council resolutions (search for similar items in EconPapers)
Date: 2018
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Persistent link: https://EconPapers.repec.org/RePEc:spr:eurchp:978-3-319-67916-7_8

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DOI: 10.1007/978-3-319-67916-7_8

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