Targeted sanctions and the non-disclosure of evidence: How to obtain mechanisms for an effective judicial review
Independent thesis Advanced level (professional degree), 20 credits / 30 HE creditsStudent thesis
The EU has for some time imposed sanctions against individiduals, i.e. targeted sanctions. These sanctions have had impacts on the listed individual in forms of limited procedural rights due to inter alia the limited disclosure of evidence. Improvements in the field were introduced by Kadi. Yet it remains difficult for the individual who wants to challenge a listing. The purpose of this essay is to examine how to obtain mechanisms for an effective judicial review in targeted sanctions cases when there is a non-disclosure of evidence to the EU Courts by the EU institutions. This essay will also discuss how the Courts standard of review could look like after Kadi. It will also address the need for an increased responsibility of the EU institutions, in the matter concerning the access to confidential information. This relates to questions regarding the transparency in the Union. This essay suggests that the mechanisms needed to acquire a higher intensity of review as well as an effective judicial review could be the use of closed material procedures and special advocates.
Place, publisher, year, edition, pages
2016. , 62 p.
EU, targeted sanctions, non-disclosure of evidence, Kadi, fundamental rights, effective judicial review, transparency, closed material procedures, special advocates
IdentifiersURN: urn:nbn:se:uu:diva-303671OAI: oai:DiVA.org:uu-303671DiVA: diva2:972665
Subject / course
Bergström, Maria, Docent
Bergström, Carl Fredrik, Professor