The Implementation of UN Security Council Resolutions Imposing Economic Sanctions in the EU/EC Legal System: Interpillar Issues and Judicial Review

Abstract

The main purpose of the United Nations is to maintain International peace and security. Under Chapter VII of the UN Charter, the Security Council can adopt mandatory measures to maintain or restore international peace and security. Article 41 of the UN Charter gives the power to the Security Council to impose economic sanctions against a State. The Security Council resolutions are binding for all UN Members. Since the 1990s UN Security Council has adopted a number of resolutions imposing economic sanctions against certain States. More recently the UN Security Council has developed his action adopting also economic sanctions against individuals or groups. One of the main reasons for this trend is the ineffectiveness of traditional sanctions on some form of international peace threats, such as terrorism. The so-called targeted sanctions are aimed at freezing assets and blocking financial transactions of individuals or group suspected of financing terrorist activity worldwide. The European Union is not a member of United Nations: the UN Charter is not open to the international organizations. The European Union, unlike its members who are members of the UN as well, is not under any treaty obligation to give effect to UN Security Council Resolutions. After the initial period when the implementation of UN sanctions in Europe was a question of competence of Member States only, EEC, before, and EU and EC, after, have been constantly developing their action towards an EU sanctions regime: an interpillar regime allowing the implementation of UN Security Council Resolutions and the adoption of unilateral economic sanctions. In the paper, after a short description of the legal framework of the EU interpillar sanctions regime, the main focus will be given to the status of International Law in European legal order and the EC Court of Justice judicial review power in this particular field.