Alapjogi jogesetek – az Európai Unió Bírósága

Abstract

The European Court of Justice has recently given two important judgments on the protection of fundamental rights, namely the right of defence and to effective judicial protection, of persons suspected of being associated with terrorism. In the ‘Kadi II’ case, the Court recognised, first of all, the right of these persons to be informed of the reasons underpinning a decision of an EU authority (Council or Commission) to impose financial sanctions on them. The Court then specified the rules concerning the treatment, in the event of a challenge to such a decision before the EU Courts, of information and evidence that are necessary to assess whether the reasons mentioned are well founded. In this context, the Court made it clear that if the contested decision is based on confidential information, this should also be disclosed to the EU Courts, which shall base their ruling
solely on evidence which has actually been produced before them. The Court acknowledged nevertheless that security considerations may preclude the disclosure of some information or evidence to the person concerned. In this regard, it
set out that it is for the EU Courts to decide whether the security reasons invoked by the EU authority preclude actually that disclosure, and if so, whether the failure to disclose confidential information to the person concerned affects its probative value. In the ZZ case, where an EU citizen was refused entry into a Member State for being involved in terrorism, the Court established similar principles that should be followed in procedures before national authorities and courts.