Asset freezing: Smart sanction or criminal charge?

In this article the question is asked whether asset freezing can be qualified as a criminal charge within the meaning of Article 6 ECHR and if yes, what effects this qualification may have on the legislative framework on so called smart sanctions. By analysing Community and EU law and case law of the European Court of Human Rights, General Court of Instance and Court of Justice of the European Communities the authors give an overview of the notion and possible qualification of asset freezing as a criminal charge. The article further focusses on the consequenses of qualifying asset freezing as a criminal charge under ECHR and EC/EU law and concludes by answering the aforementioned question.

Journal/Publisher: Utrecht Journal of International and European Law, Volume 27, Issue 72

Co-author/s: Monique HAZELHORST

Publication type: Article

Number of pages/Page range: 18-27

Language/s (content): English

Date of publication: 03-01-11

Personal data

Full name Wouter DE ZANGER

Current occupation Member

University/Institution Utrecht University

Address Boothstraat 6

Postal code 3512 BW

Telephone 0031302537121

Email w.s.dezanger@uu.nl