Home | Databases | WorldLII | Search | Feedback Edited Legal Collections Data

Poli, Sara --- "The turning of non-state entities from objects to subjects of EU restrictive measures" [2017] ELECD 931; in Bardutzky, Samo; Fahey, Elaine (eds), "Framing the Subjects and Objects of Contemporary EU Law" (Edward Elgar Publishing, 2017) 158

Book Title: Framing the Subjects and Objects of Contemporary EU Law

Editor(s): Bardutzky, Samo; Fahey, Elaine

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781786435736

Section: Chapter 9

Section Title: The turning of non-state entities from objects to subjects of EU restrictive measures

Author(s): Poli, Sara

Number of pages: 25

Abstract/Description:

The chapter focuses on the dichotomy between ‘subjects’ and ‘objects’ of EU law, taking restrictive measures against non-state entities as a test case. The piece argues that in the EU natural and legal persons, groups and other non-state entities have turned from objects to subjects of EU restrictive measures. They were takers or objects of EU law until a competence to target non-state entities was conferred on the EU with the Lisbon Treaty. Thus the latter has upgraded non-state entities to subjects of EU law and has given the CJEU competence to review individual restrictive measures. The Court has not been deferent to the Council and has annulled a number of restrictive measures, thus contributing to strengthen the position of non-state entities as subjects of EU law. However, there is scope for improving the position of non-state entities as litigants before the Court. Keywords: Common Foreign and Security Policy; restrictive measures; EU sanctions; non-state entities.