Terrorist listings and the rule of law: The role of the EU Courts

Although the terrorist attacks on New York and Washington, D.C., on 11 September 2001, were not the first acts of terrorism on a major scale, they triggered a host of counter-terrorism measures, without due regard for the principle of the rule of law. While rule of law concerns have subsequently received more attention, the UN is still continuing its practice of terrorist listings, without any right of judicial review. The response of national and regional courts has been varying. The European Court of Justice, through its Kadi case law, has assumed a leading role in the exercise of judicial control of terrorist listings made by the UN. In addition, the EU judicial system provides for remedies with respect to listings made unilaterally by the EU. The main thrust of the paper is on the role of the European Court of Justice in safeguarding respect for fundamental rights and the rule of law with regard to both UNbased and autonomous EU terrorist listings.