I think the difficulty with evidence beforehand is that most, if not all, imposing authorities will say that, because of the risk of asset dissipation, they can't let someone know that they're going to have sanctions imposed on them before they're going to be imposed. The whole point, really, is to have a surprise effect to stop people channelling funds out of the European Union or out of Canada, or whatever it is. I'm not aware of a system that provides due process, if you like, in advance of a sanctions listing.
To me, the two key factors are, as quickly as possible after a listing, someone should be notified that they've been listed and why, and they should have some meaningful opportunity from a responsive, swift, efficient decision-maker to know the case against them and be able to challenge it. I don't necessarily subscribe to the view that it must be a full court providing full judicial review. The ombudsperson process, for example, can be very effective, as long as it provides a real substantive review of the underlying evidence to a transparent, consistent, and appropriate standard of review. The important thing from a target's point of view is to feel that someone has actually reviewed the evidential basis for their listing in detail and has heard what they have to say, explain whether they agree with it or not, and then have the ability to recommend delisting or not.
If I were designing a system, I would try to have a very responsive administrative system and I would also have a layer of judicial review, but not one that, with respect to the European court, takes two or three years. Hopefully it would be some sort of swift court procedure. In the U.K. where we have domestic judicial review as you do in Canada, one can have a pretty swift hearing particularly in cases of urgency, and it doesn't have to take years and years.
To me, there are two components: administrative review, and judicial review based on some kind of appropriate evidential threshold.