Applicazione del test della protezione equivalente alle Nazioni Unite: nessun contributo dalla sentenza della Grande Camera della Corte europea nel caso Al-Dulimi

This paper deals with the judgment of the Grand Chamber of the European Court of Human Rights in the Al-Dulimi case, the latest in a long line of cases concerning the compatibility between obligations stemming from the Convention and the UN Security Council resolutions. The continuity between this pronouncement and the previous Court’s judgments (Al-Jedda and Nada) is critically pointed out as well as the Court’s decision not to apply the equivalent protection test to the UN. In the Author’s opinion, such a decision will not help to stimulate a reform to the UN smart sanctions system despite this reform would be the best way to protect the rights of individuals and entities included on the UN black lists irrespective of which State will apply the sanction regime.