Trapped between Courts or How Terrorist Suspects Lost Their Right to a Remedy

Chapter Summary

This chapter analyses how the European courts refrain from providing full judicial review of lists of terrorist suspects adopted under European law. It demonstrates that judicial protection could be offered under the law as it stands and briefly introduces the two different types of sanctions. The chapter analyses the judicial protection from sanctions originating at the UN level and does the same for individual sanctions originating at the European level. Both types of sanctions are examples of multi-layered regulation originating at the UN level, followed by implementation measures at both the European and at the national level. It is argued that judicial protection should be provided before the Luxembourg and the Strasbourg courts, as well as in the national courts. The chapter looks briefly at the interplay between the European Court of Human Rights (ECtHR), the Luxembourg courts and the national courts.

Keywords:European Court of Human Rights (ECtHR); European terrorist; judicial protection; Luxembourg court; national court; UN level