ABSTRACT
When it comes to counterterrorism, debates about trade-offs between liberty, transparency, accountability, justice and greater security are neither new nor specific to the EU. The post-9/11 EU counterterrorism policy, however, has been criticized for failing on both fronts – i.e., “for being ineffective, slow and incoherent as well as for taking disproportionate, self-serving and partly illegal measures that undermine democratic and judicial oversight as well as civil liberties.” 1 This chapter does not and cannot provide a comprehensive account of all issues and questions involved. 2 Instead, building on an analysis of the larger normative debate concerning the nature of relationships between freedom, justice and security in the context of the EU’s counterterrorism policy, it offers a case study of the specific human rights, transparency and legitimacy critiques of the key EU measures utilized in the fight against terrorist financing discussed in Chapter 8. Succinct reviews of the relevant key judgments of the European Court of Justice and a summary of opinions of interviewed EU practitioners are provided as well. This should provide the reader with sufficient information to form an opinion on this complex, yet fundamental, subject.
