The Review of Targeted Sanctions of the UN and the EU at the International Level

The present chapter examines the legal remedies against sanctions imposed by the United Nations (UN) and the European Union (EU). It argues that judicial or administrative review is an integral component of modern legal systems, ensuring that the exercise of power by these organisations remains accountable, transparent and compliant with fundamental rights. While the EU courts exercise full judicial control over EU autonomous sanctions, at the UN, the possibility of direct judicial control before the International Court of Justice is missing. This lacuna in fundamental rights protection is compensated only partially by the existence of an effective administrative remedy, offered by the UN Focal Point for De-listing and by the office of the UN Ombudsperson for the Al-Qaida regime. The authors analyse the indirect review of both UN and EU measures, exercised by the European Court of Human Rights; they also discuss the recent jurisprudence of the Court of Justice of the European Union with respect to the standing of individuals and foreign States before the Luxembourg Court.