Anti-terrorist Blacklisting in the European Union: The Influence of National Procedures on the Judgments of the Court of First Instance of the European Communities

Abstract

The most prominent example of anti-terrorism measures is undoubtedly the freezing of funds of individuals or entities suspected of committing or supporting terrorist acts. The European Union (EU) implements United Nations (UN) Security Council Resolutions and maintains its own anti-terrorist blacklist. This article looks at fund-freezing decisions taken on the basis of both the UN sanctions regime and the autonomous EU sanctions regime and the resulting jurisprudence of the Community courts. Discussion of recent judgments of the Court of First Instance (CFI) in the Sison and OMPI cases, both concerning EU level sanctions, will illustrate that the underlying national procedures can have considerable influence on the Court’s judgments in this field. Central to the discussion will be the relevance of national procedures and judgments on the validity of blacklisting decisions and their review.