EU sanctions : law and policy issues concerning restrictive measures
著者
書誌事項
EU sanctions : law and policy issues concerning restrictive measures
（Series supranational criminal law : capita selecta, 15）
Intersentia, c2013
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注記
Includes bibliographical references (p. 247-263) and index
内容説明・目次
内容説明
The famous "Kadi" cases have generated a wealth of articles dealing with the legal problems involved in EU implementation of UN Security Council sanctions. Less attention has been devoted to the numerous legal problems involved in the EU's own "autonomous" sanctions system. The subject is nevertheless topical since there is a growing use of sanctions and the legal basis for sanctions has been changed with the Lisbon treaty. EU sanctions are used both against regimes and suspected terrorist financing. But these sanctions have developed "organically", without sufficient thought being given to certain basic issues (inter alia concerning procedural fairness). This has resulted in considerable litigation before the Court of Justice (CJEU). The new legal basis and the recent judgments from the CJEU have solved some difficulties, but "taking sanctions seriously" means new problems for national implementation, spanning over a variety of areas: criminal law, constitutional law, international law and European law. The essays in this book, written by distinguished scholars in their respective fields, deal with some of these issues.
How should we go about measuring the impact(s) of targeted sanctions? How coherent are these "administrative" measures of blacklisting with other existing and proposed EU measures in justice and home affairs promoting the criminal law model for dealing with the problem of terrorism (investigation, trial, conviction, punishment/confiscation of assets)? How can the problems caused for fair trial by the use of intelligence material be solved? If we can (or must) continue to have sanctions in the area of terrorist financing, can they be made compatible with fundamental principles of national criminal law and criminal policy? How does a system of "composite" decision-making (when the measure is partly national and partly at the EU level) avoid the risk that gaps arise in systems of legal protection? What is the spillover effect of "overbroad" quasi-criminal legislation directed at organizations, in the constitutional/human rights of freedom of expression and association? How do EU sanctions fit into, and compare to national systems for the proscription of terrorist organizations? Should the same legal safeguards be applicable both for "regime" sanctions and anti-terrorist sanctions?
目次
Preface About the authors Abbreviations Table of Cases Introduction Iain Cameron 1. Overview 2. Sanctions under international law 3. Sanctions under the UN Charter and the development of targeted sanctions 4. Purposes of sanctions and evaluating their effects 5. Development and legal bases of EU sanctions prior to the Lisbon Treaty 6. Personal reflections on the Kadi/al-Barakaat case and subsequent developments 7. The EU's autonomous anti-terrorist sanctions and the PMOI standards of review 8. Composite decision-making, secrecy and the scope of review 9. Criminal Law, criminal procedure and the autonomous anti-terrorist sanctions 10. Compensation 11. Application of the safeguards to regime sanctions 12. Legal bases for, and coherence of, EU sanctions after the Lisbon Treaty 13. Post-Lisbon Internal Procedures for the adoption of EU sanctions 14. Coherence in sanctions policy On Assessing Targeted Sanctions Black lists Mikael Eriksson 1. Introduction 1.1. Why study sanctions assessment? 2. Targeted sanctions: an overview 2.1. What are targeted sanctions? 2.2. Twenty years of targeted sanctions practice 2.3. The classical principle of sanctions 2.4. Historic turns in the sanctions literature 2.5. The interest in sanctions assessment 2.6. An alternative reading on the practice of targeted sanctions 3. Enduring challenges to sanctions assessments efforts 3.1. Intentionality 3.2. Collective action and free-rider problems 3.3. Unpredictability 3.4. The thief-and-police pastime 3.5. Erudition 3.6. The technical and functionalist approach to social dilemmas 3.7. Symbolic and non-symbolic reference objects 3.8. Compartmentalisation and perceptions 3.9. The before and after conundrum 3.10. Liberal goals but illiberal means 3.11. Summary 4. Final reflections Developing Multiple EU Personalities: Ten Years of Black listing and Mutual Trust Torbjorn Andersson 1. EU and Mutual Trust 2. The EU and Blacklisting 3. The Cases 3.1. Internal Blacklisting - Case Law 3.1.1. The First PMOI Case 3.1.2. The Second PMOI Case 3.1.3. Th e Third PMOI Case 3.2. External Blacklisting 3.2.1. KADI I - the Court of First Instance 3.2.2. Kadi I - ECJ 3.2.3. Kadi II 4. Developing Multiple Personalities? The Place of Sanctions in the EU System for Combating the Financing of Terrorism Maria Bergstrom 1. Introduction 2. The EU System for Combating the Financing of Terrorism - An Overview 2.1. Background 2.2. Financial Freezing Measures 2.3. Anti-Money Laundering Measures 2.3.1. Money Laundering: beginnings 2.3.2. Financial Action Task Force on Money Laundering 2.3.3. Anti-Money Laundering and the European Single Market 2.3.4. Revising the FAFT Recommendations towards Fighting Organised Crime 2.3.5. Revising the FATF Recommendations towards Combating the Financing of Terrorism 2.3.6. Reflections on the Legal Basis 3. Security, Securitisation and Risk-Management 3.1. A Chameleon Threat? 3.2. Security, Securitisation and Risk-Management 3.3. Some Reflections on Money Laundering and Securitisation 4. The Coherence of Applying AML Tactics in Terrorist Sanctions How, if at all, do Anti-Terrorist Black listing Sanctions fit into (EU) Criminal Law? Kimmo Nuotio 1. Criminal law beyond the state: Introduction 2. Blacklisting as criminal law? 3. Blacklisting, prohibiting: freedom of association? 4. Blacklisting as a ground for prosecution and conviction? 5. The European criminal law, then? Blacklisting Sanctions and Principles of Criminal Law Petter Asp EU Black listing Sanctions - A Danish Criminal Law Perspective Thomas Elholm 1. Introduction 2. Legislation 3. The case law 3.1. Case 1: Seizure of documents (U 2007.1831 H) 3.2. Case 2: The Hamas case (Copenhagen City Court judgment of 27 March 2007 and High Court judgment of 6 February - unpublished) 3.3. Case 3: Fighters and Lovers case (U 2009.1453 H) Intersentia 3.4. Case 4: The internet appeal case (Copenhagen City Court, 15 March 2010) 3.5. Case 5: 2011 case (Copenhagen City Court, 16 June 2011 - unpublished) 3.6. Conclusions regarding the case law 4. Discussion 4.1. The prosecutorial level 4.2. The Judicial level Procedural Safeguards for Black listing Sanctions - A Comparison with the EU Framework Decision on Orders Freezing Property or Evidence Malin Thunberg Schunke 1. Introduction 2. The FD on Freezing Orders 3. The term "freezing" 4. Procedural safeguards and legal remedies 4.1. The decision to freeze assets 4.2. The right to challenge a freezing order 4.3. The duration of a freezing measure 5. Conclusions Sanctions Against Terrorism and their Impact on Freedom of Expression Thomas Bull 1. Introduction 2. Criminalization as a constitutional problem for free speech per se 3. Criminalization as a practical issue of institutional competence 4. Criminalization as a problem for the media and its constitutional role 5. Conclusion Decision-making in the Dark? Autonomous EU Sanctions and National Classifi cation Christina Eckes 1. Introduction 2. Adopting Autonomous EU Sanctions in Secret? 2.1. Information Flow Under the Adoption Procedure 2.2. Failure to Disclose Relevant Information 3. Can Secrecy Remain a National Choice? 3.1. Implications of National Classification 3.2. ORCON, Authorship Rule, or? 3.3. How Much Secrecy Is Needed? 4. Secret Information in Courts: Lessons That Could Be Taken from National Law 5. Conclusions Proscription of Organisations in UK Counter-Terrorism Law Sofia Marques da Silva and Cian C. Murphy 1. Introduction: A Parody of Law 2. The Logic of Proscription 3. The Process of Designation 4. The Impact of the Proscription System 4.1. Prosecution of Suspects 4.2. Deterrence and Disruption 4.3. Proscription and International Diplomacy 4.4. Societal Impact 5. Systems of Review and Delisting 5.1. Administrative Review 5.2. Proscribed Organisations Appeal Commission & Judicial Review 5.3. Problems with Deproscription 6. Proscription & the post-September 11 Landscape 7. Reform of Systems of Review 8. Conclusion: Beyond the Parody of Pre-emption The Implementation of EU Terrorism Blacklisting Sanctions in the Dutch National Legal System Suus Hopman and Michel Uiterwaal 1. Introduction 2. Sanctions in Administrative law 2.1. Sanctions Act 1977 2.2. New system, old style 2.3. Al-Aqsa 2.4. New system, new style 2.5. More recent cases 3. Criminal law 3.1. Generally 3.2. Criminal terrorist organisations 3.3. Continued activities of a proscribed organisation Intersentia 3.4. Offence against the Sanctions Act 1977 3.5. Tamil Court Case 4. Conclusion Bibliography Index
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