Court of Justice of the European Union, European Court of Human Rights, respect for human rights and restrictive sanctions

Abstract

With a comparative way and the help of jurisprudence from various courts at the supranational level, it is intended to analyze and interpret a competitive approach between different jurisprudences that come from different Courts but having an element in comunis the smart sanctions against subjects who have suffered freezing of assets and confiscation. On the one hand we have the system of the UN with its own resolutions that put at the forefront the sanctions against subjects that disturb international peace and security. On the other hand we have the UN which speaks of a system of restrictive sanctions which aims to fill the gaps at an international level and follow a more authentic path sometimes through its own jurisprudence and above all to protect not only human rights but also the acts of the own institutions. Last but not least we have the race of the European Court for Human Rights (ECtHR) which puts first of all the system of protection of human rights by giving pushes forward and in the past influencing the judgments of the CJEU where with a decisive way it finalizes a protection that differs from the system of the UN but it is always oriented and faithful to the legal situations of individual subjects who have rightly or not suffered sanctions.