'Le règlement (CE) n° 2580/2001 concernant l’adoption de mesures restrictives à l’encontre de certaines personnes et entités impliquées dans des actes de terrorisme – Un règlement communautaire à revoir en profondeur?' Regulation (EC) No. 2580/2001 concerning the adoption of restrictive measures against persons and organizations implicated in acts of terrorism - a Community regulation to re-examine in-depth?

摘要

Introduction. Improvements to the current United Nations sanctions regime have been made, however, further improvements are necessary in order to ensure a listing process which is transparent, based on clear criteria, and with an appropriate, explicit, and uniformly applied standard of evidence, as well as an effective, accessible and independent mechanism of review for individuals and concerned States. At a minimum, the standards required to ensure fair and clear procedures must include the right of an individual to be informed of the measures taken and to know the case against him or her as soon as, and to the extent possible, without thwarting the purpose of the sanctions regimes; the right of such a person to be heard within a reasonable time by the relevant decision-making body; the right to effective review by a competent, independent review mechanism; the right of such a person to counsel with respect to all proceedings; and the right of such a person to an effective remedy»4.