Bulletin n. 2-3/2012
October 2012-February 2013
CONTENTS
  • Section A) The theory and practise of the federal states and multi-level systems of government
  • Section B) Global governance and international organizations
  • Section C) Regional integration processes
  • Section D) Federalism as a political idea
    • Colacino Nicola
    Ammissibilità e limiti del sindacato giurisdizionale diffuso sulle sanzioni individuali del Consiglio di sicurezza
    in Studi sull'integrazione europea , Anno VII, n. 2-3, maggio dicembre ,  2012 ,  565-592
    Over the past ten years, the fight against international terrorism has involved States and international organizations (first and foremost, the United Nations and its organs) in the search for new legal instruments to target and punish those responsible for crimes, including individuals. Security Council Resolution no. 1267/1999 first imposed sanctions against the Taliban for their support of the Al-Qaida organization and established a Sanctions Committee for the dual purpose of designating Taliban individuals and entities associated with Al-Qaida and monitoring the implementation of the sanctions. After 11 September 2001, the sanctions regime was extended to the “Al-Qaida network” and strengthened through new measures, but it raised some problems with respect to the international human rights standard, because of the lack of transparency and due process in both the listing and the delisting procedures. These features affect the very nature of the sanctions, by making them similar to criminal penalties, although imposed without any trial. Given the absence of a judicial review mechanism of the Security Council’s measures before the International Court of Justice, domestic and European courts have been required to ensure the respect of the rule of law principle towards individuals affected by targeted sanctions, as occurred in the famous Kadi case. In such a context, this paper aims to investigate the admissibility and the limits of the “diffuse judicial review” of the Security Council’s sanctions regime in the light of the international human rights law.
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