Proposed changes will allow EU judges to use secret intelligence as evidence and protect sanctions from legal challenge.

 

The Security Council’s sanctions mechanisms have evolved since they were applied on Iraq in early 1990s, writes Sullivan [AFP/Getty Images]

The courts of the European Union are usually seen as protectors of fundamental rights and guardians against the abuse of power in the global war against terror. But there is another process unfolding that is taking the EU courts in a rather different and more troubling direction.

 

In March it was revealed that the European General Court (EGC) is seeking to rewrite its own rules to allow the use of intelligence as evidence in legal proceedings. While the executive and judiciary will be able to see secret material, people targeted by intelligence who bring legal challenges will not.

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