SRAZ PRAVA I POLITIKE: MJERE OGRANIČAVANJA PROTIV
OSOBA POVEZANIH S RUSKOM INVAZIJOM NA UKRAJINU
POD POVEĆALOM SUDA EU
INTERFACE OF LAW AND POLITICS: RESTRICTIVE MEASURES AGAINST PERSONS CONNECTED WITH THE RUSSIAN INVASION OF UKRAINE UNDER THE ENLARGEMENT OF THE EU COURT
Author(s): Stjepan NovakSubject(s): Politics / Political Sciences, Law, Constitution, Jurisprudence, Politics and law, EU-Legislation, Russian war against Ukraine
Published by: Pravni fakultet Univerziteta u Tuzli
Keywords: CJEU; restrictive measures; right to property and procedural rights; context of the political environment of the Russian invasion on Ukraine;
Summary/Abstract: The CJEU has consistently developed his role of the protector of the rights of the persons against whom the restrictive measures were directed. This CJEU’s role implied evaluation of the legality of the restrictive measures in the light of the principle of proportionality. Starting as a part of the fight against terrorism the CJEU’s part as a guardian of legality of restrictive measures has continued until today in the context of the Russian invasion in Ukraine. The political environment created by that situation, as important as it is, cannot transformed CJEU in the plain political body. The CJEU has to insist even more on the rights of the objects of the restrictive measures while taking into account its main goal: protection of the Union’s values, fundamental interests, security, independence and integrity as well as preservation of peace, prevention of conflicts and strengthening of international security.
Journal: Zbornik radova Pravnog fakulteta u Tuzli
- Issue Year: 10/2024
- Issue No: 1
- Page Range: 95-123
- Page Count: 29
- Language: Croatian