Evidence standards in the judicial review of restrictive measures

This article discusses, from a practical point of view, the evidence standards applied by the EU Courts in restrictive measures’ litigation, that is, the rules and practices aimed at establishing who must prove what (allocation of the ‘burden of proof’) and whether any relevant fact has been proven or not (‘standard of proof’). While, in principle, the same rules apply across all fields of litigation, the EU Courts take into account the peculiarities of the restrictive measures’ sector and try to strike a fair balance between the EU institutions’ discretion and the respect for due process and fundamental rights.