Effective judicial protection and its limits in the case law concerning individual restrictive measures in the European Union

The essay examines to what extent natural and legal persons enjoy a right to judicial protection within the EU when they are the object of restrictive measures. This right is protected under the general principles of EU law or/and under Article 47 of the Charter of Fundamental Rights of the EU, which applies to all areas of EU law, including the Common Foreign and Security Policy. This principle requires on the one hand, that private parties be able to contest restrictive measures before a judge and, on the other hand, that the remedies at their disposal be effective. This essay argues that the Court of Justice has strengthened the right to an effective protection to the benefit of those who are included in the list of sanctions. However, this right bears limits within the CFSP.