Acta Universitatis Carolinae Iuridica (AUCI) is the main journal of the Faculty of Law of Charles University. It has been published since 1954 and is one of the traditional law journals with a theoretical focus.
As a general law journal, it publishes longer studies and shorter articles on any relevant issues in legal theory and international, European and national law. AUCI also publishes material relating to current legislative issues. AUCI is a peer-reviewed journal and accepts submissions from both Czech and international authors. Contributions by foreign authors are published in their original language – Slovak, English, German, French.
AUCI is a theoretical journal for questions of state and law. It is published by Charles University in Prague, Faculty of Law, through Karolinum Press. It is published four times a year, the dates of publication can be found here.
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AUC IURIDICA, Vol 69 No 1 (2023), 19–27
Contrôle juridictionnel des sanctions internationales de l’UE devant la Cour de justice de l’UE
[Judicial review of EU international sanctions before the Court of Justice of the EU]
Pavel Svoboda
DOI: https://doi.org/10.14712/23366478.2023.2
published online: 09. 03. 2023
abstract
This article provides background legal information on the problems of judicial review of EU external sanctions before the CJEU. It does so from two perspectives. First, the article discusses the general problems of judicial review of international (external) sanctions, hiding under the ambivalent label of “restrictive measures”; here, the legal problems arise mainly from the fact that EU secondary sanctions acts fall under both the CFSP and other EU policies, the two EU policy areas being relatively autonomous in terms of the types of secondary acts and their adoption. The article then analyses the human rights dimension of this judicial review; this is because certain fundamental rights (in particular the right to a defence and the right to effective remedy) place considerable demands on the procedural and evidentiary aspects of this judicial review in a situation where much of the evidence relies on classified intelligence information. The scope of the article allows the author to provide only an introduction to the issues discussed.
keywords: EU; restrictive measures; international sanctions; CFSP; fundamental rights; CJEU
references (7)
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3. GORDON, J. The United Nations Security Council and the emerging crisis of legitimacy. Yale Journal of International Affairs. 2014, Vol. 9, No. 1.
4. JAHN, J. Rechtsschutz in der GASP. Europarecht. 2021, Vol. 4.
5. THANAU, S. Individual restrictive measures and actions for damages before the General Court of the European Union. ERA Forum: Journal of the Academy of European Law. 2020, Vol. 20. CrossRef
6. WESSEL R. A. - LARIK J. (eds.). EU External Relations Law: Text, Cases and Materials. Oxford: Hart Publishing, 2020.
7. <bez popisu>
Contrôle juridictionnel des sanctions internationales de l’UE devant la Cour de justice de l’UE is licensed under a Creative Commons Attribution 4.0 International License.
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ISSN: 0323-0619
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