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Timely Expansion of the Security-Liberty Balance: Norm Diffusion and Convergence between the EU and UN in Counterterrorism Sanctions Regimes and the Impact of Kadi
Turcsan, Virag Imola ; Bureš, Oldřich (advisor) ; Aliyev, Huseyn (referee) ; Biagini, Erika (referee)
[Dissertation Title: Timely Expansion of the Security-Liberty Balance: Norm Diffusion and Convergence between the EU and UN in Counterterrorism Sanctions Regimes and the Impact of Kadi] [Submission Date: July 2020] [Glasgow Student Number: 2095315] [Dublin City Student Number: 18114741] [Charles Student Number: 87084963] [Student Name: Virag Imola Turcsan] Presented in partial fulfilment of the requirements for the Degree of International Master in Security, Intelligence, and Strategic Studies Word Count: 21990 Supervisor: Professor Oldrich Bures Date of Submission: 30.07.2020. Abstract The September 11, 2001 terrorist attacks have significantly impacted the international community and its approach to counterterrorism. By prioritising security norms over those of human rights, the security-liberty balance was tipped towards security in the immediate aftermath of 9/11, resulting in long- term negative consequences for human rights and civil liberties. The United Nations and its Security Council (UNSC) was no exception to this trend and had enacted far-reaching measures within its targeted counterterrorism sanctions regimes that limited human rights guaranteed by international laws, conventions, and treaties. This thesis looks at the evolution of the UNSC targeted counterterrorism sanctions regimes from 1999...
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Sanctions within the EU's Common Foreign and Security Policy
Lekešová, Barbora ; Svoboda, Pavel (advisor) ; Scheu, Harald Christian (referee)
Sanctions within the EU's Common Foreign and Security Policy The purpose of my thesis is to analyse the EU sanctions legislation, with the focus on the most problematic part - sanctions against non-state actors relating to the fight against terrorism. Within this objective I also focus on the analysis of relevant case law, in particular the latest developments at the Court of Justice, which has not yet been sufficiently reflected in the literature. The reason for my research is the intriguing development the application of sanctions has gone through in the EU, regarding the case law and the changes introduced by the Lisbon Treaty. The thesis is composed of five chapters. Chapter One is introductory and defines the term international sanctions and the context of their adoption at the UN level. Chapter Two examines the Common Foreign and Security Policy, which is the tool EU uses for the sanctions application. Chapter Three thoroughly analyses the relevant provisions of the primary law. First part of the chapter focuses on the pre-Lisbon legislation for its importance for the EU case law. Second part provides a detailed insight into the primary law provisions after the Lisbon Treaty and focuses on the latest Court of Justice decision concerning the application of articles 75 and 215 SFEU. Chapter...
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Article 351 TFEU in the context of the Kadi case law
Karpíšek, Ondřej ; Král, Richard (advisor) ; Svobodová, Magdaléna (referee)
Submitted thesis deals with the Kadi case law of both the General Court and the Court of Justice. It focuses mainly on its structural aspects and the specific procedural standards which are to be applied according to the ECJ's Kadi case law in the context of counter terrorist measures aimed at individuals are only briefly mentioned. While the General Court dismissed an action lodged by Mr. Kadi on the ground that EU's measures strictly implementing UN Security Council resolutions cannot be reviewed in light of their compliance with EU's human rights principles, the Court of Justice held in favor of the applicant. Although both instances departed from the same point that is, that it is the EU law which determines the status and effects of international law within the EU law, they differ in terms of what the EU law says about the status of the Charter of the UN within the EU law system. The General Court based its decision on the combination of succession of the EU into international obligations of its member states established in the 1970s and articles 347 and 351 TFEU. The succession is required because for a legal norm to serve as a standard of review it needs to be intenally binding on the Union and the article 351 TFEU or its sibling is required to elevate the Charter of the UN (and the UN...
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Sanctions within the EU's Common Foreign and Security Policy
Lekešová, Barbora ; Svoboda, Pavel (advisor) ; Scheu, Harald Christian (referee)
Sanctions within the EU's Common Foreign and Security Policy The purpose of my thesis is to analyse the EU sanctions legislation, with the focus on the most problematic part - sanctions against non-state actors relating to the fight against terrorism. Within this objective I also focus on the analysis of relevant case law, in particular the latest developments at the Court of Justice, which has not yet been sufficiently reflected in the literature. The reason for my research is the intriguing development the application of sanctions has gone through in the EU, regarding the case law and the changes introduced by the Lisbon Treaty. The thesis is composed of five chapters. Chapter One is introductory and defines the term international sanctions and the context of their adoption at the UN level. Chapter Two examines the Common Foreign and Security Policy, which is the tool EU uses for the sanctions application. Chapter Three thoroughly analyses the relevant provisions of the primary law. First part of the chapter focuses on the pre-Lisbon legislation for its importance for the EU case law. Second part provides a detailed insight into the primary law provisions after the Lisbon Treaty and focuses on the latest Court of Justice decision concerning the application of articles 75 and 215 SFEU. Chapter...
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The Relationship between International and European Law
Černá, Karolína ; Trávníčková, Zuzana (advisor) ; Pospěchová, Lucie (referee)
The Diploma Thesis deals with the relationship between International and European law in the context of actual events. The main aim is to analyse this relationship on the particular case of Yassin Abdullah Kadi by means of the wide scale of expert opinions and discussions. The main aim will be achieved through several partial aims (theoretical definition of essential conceptions relating to the theme, description of particular UN resolutions and their implementation into European law, analysis of the judgements of EU judicial authorities in the Kadi case).
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