Abstract

MARTINS, Patrícia Fragoso. Restrictive Measures and the Fight against terrorism in the European Union: Recent Lessons from the Court of Justice of the EU. e-Pública [online]. 2018, vol.5, n.2, pp.42-51. ISSN 2183-184X.

The current article is the result of the participation in an academic conference on the Charter of Fundamental Rights that took place at the Lisbon Law School in March, 2016. It was written in the aftermath of the Paris attacks of 2015 and it intends to reflect on the measures adopted by the EU within the “war on terror”. One of the most emblematic tools adopted by public authorities in this ambit is the so-called “restrictive measures” imposed by either in the context of the United Nations or by the EU institutions autonomously. The purpose of this contribution is to assess the legal nature of those measures, often designated as sanctions, in light of the recent case-law of the Courts of the European Union in this respect. After consideration of the contents, subjects, duration, nature and procedure for the adoption of said measures the article questions their admissibility in light of four main theories: (i) the criminal law of the enemy; (ii) state of exception; (iii) limitations to fundamental rights and balancing of conflicting interests, and (iv) the political questions doctrine.

Keywords : Restrictive Measures; Charter of Fundamental Rights of the EU; Terrorism; Security; CFSP; Criminal Law of the Enemy; Political Questions Doctrine.

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