Asset Freezing: Smart Sanction or Criminal Charge?

Abstract

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.