Pregledni rad
https://doi.org/10.31297/hkju.19.4.7
The Court of European Union’s Supervision over Sanctions Imposed on Natural and Legal Persons
Stjepan Novak
orcid.org/0000-0002-6600-4974
; Ministarstvo unutarnjih poslova Republike Hrvatske, Zagreb, Hrvatska
Sažetak
Sanctions or restrictive measures applicable against persons and other entities connected with terrorism, proliferation of nuclear weapons, or repression against civilians necessarily lead to infringement of certain rights of these persons. Financial restrictions primarily refer to financial instruments and financial resources belonging to, owned, held, or controlled by these persons and restriction of their economic activities. Infringement of procedural rights of such persons (i.e. right to legal aid, right to be heard, including the right of access to court, right to an effective remedy, and right to obtain reasons for imposing sanctions. The Court of the European Union has confirmed its role of protector of persons and entities targeted by sanctions, simultaneously hindering the process of sanctioning. However, there is the issue of undermining the authority of the UN and disturbing the international balance of power. The EU member states are required to uphold the decisions of the Court of the European Union at all times, including in cases when the Court repeals acts introducing the UN sanctions. This could lead to situations where the Court would de facto force the member states to act contrary to Article 103 of the UN Charter. Article 103 explicitly stipulates that obligations arising from the UN Charter have priority before all the other international agreements. This impasse can be solved through quality international cooperation and enhancement of mutual trust based on the respect of both international and European law.
Ključne riječi
restrictive measures; sanctions; Court of the European Union; protection of fundamental rights; right of ownership; procedural rights
Hrčak ID:
230983
URI
Datum izdavanja:
30.12.2019.
Posjeta: 1.267 *