This article aims at underlying why the reasoning developed by the EU judges in their recent jurisprudence on Article 103, counterterrorism measures and human rights, is not truly convincing. This because, above all, neither the ECJ nor the CFI decided to deal with the legal opinion, widely shared by the literature, according to which Article 103 is apt to include human rights issues.
Fundamental Rights and Article 103 of the UN Charter before the Court of first instance of the European Communities / Sciso, Elena. - In: ITALIAN YEARBOOK OF INTERNATIONAL LAW. - ISSN 0391-5107. - XV:(2005), pp. 137-151.
Fundamental Rights and Article 103 of the UN Charter before the Court of first instance of the European Communities
SCISO, ELENA
2005
Abstract
This article aims at underlying why the reasoning developed by the EU judges in their recent jurisprudence on Article 103, counterterrorism measures and human rights, is not truly convincing. This because, above all, neither the ECJ nor the CFI decided to deal with the legal opinion, widely shared by the literature, according to which Article 103 is apt to include human rights issues.
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