On 16 May we had our first EUGlobal lunch seminar, at UCL Laws. There was a nice group of participants, and the discussion was wide-ranging, informative and thoughtful.
I gave a short introduction, focusing in particular on the Kadi saga, including the recent Opinion by Advocate General Bot. Maya Lester, of Brick Court Chambers, then talked about other sanctions cases. Maya is very active in this area as counsel for persons and entities challenging EU sanctions in the EU Courts.
The discussion focused on issues such as the appropriate standard of review. Parallels were made with trade remedies cases, where there is intense scrutiny of procedural issues, but not of substantive assessments. The limits of those parallels were highlighted though, in that a procedural review of the listing of a person is difficult to dissociate from a review of the actual material at the basis of the listing. Reference was made to different traditions of judicial/constitutional review, in continental Europe (procedural) as opposed to the US (substantive). However, those traditions are not necessarily reflected in the practices regarding review of listing decisions. The discussion then moved to the treatment of secret evidence, which is at the heart of the judicial review issue.
We got off to an excellent start with this seminar, which showed the strong interest in the issues on which the interest group focuses.