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When Legal System Collide: The Judicial Review of Freezing Measures In The Fight Against International Terrorism

Winkler, Matteo
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Abstract
Since 1999, the U.N. Security Council enacted several resolutions, requiring member states to freeze the assets of suspected terrorists. Unlike the U.N. system, that lacks a mechanism of judicial review, the European Convention on Human Rights provides the judicial review of measures restraining individual property rights. The principle of prevalence under article 103 of the U.N. Charter makes the Council resolutions to prevail over the regional instruments of human rights protection. This note tries to challenge this perspective, by criticizing in detail a decision of the European Court of First Instance of 2005 that affirms the principle of prevalence.
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http://hdl.handle.net/20.500.13051/5662