The Potentially Competing Jurisdiction of the European Court of Human Rights and the European Court of Justice

Summary:

This article explores the question of whether and to what extent the Kadi ruling could inspire the European Court of Human Rights (ECtHR) in adjudicating cases of alleged human rights violations arising out of the implementation of United Nation (UN) sanctions.

The article first reviews the relevant principles of the ECtHR case law. In subsequent parts the article analyses different scenarios of individual applications before the ECtHR. The concluding remarks stress the need for judicial protection of human rights at the regional level while awaiting reforms of the listing/delisting procedures which only the political process can ultimately introduce.

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