Chapter

UN Sanctions Before the ECJ: the <i>Kadi</i> Case

Peter Hilpold

in Challenging Acts of International Organizations Before National Courts

Published in print September 2010 | ISBN: 9780199595297
Published online January 2011 | e-ISBN: 9780191595752 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780199595297.003.0002
UN Sanctions Before the ECJ: the Kadi Case

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This chapter discusses the issue of the legality of UN Security Council Resolutions in light of the 2008 European Court of Justice Kadi Judgment. With the increased use of targeted sanctions, in particular in connection with the freezing of assets of suspected terrorists, the legitimacy and accuracy of UN Security Council resolutions is under review. The presentation follows the initial judgment of the Court of First Instance, including the assessment of its qualification of a jus cogens violation that would allow the judicial review by this Court according to international law, the position taken by the Advocate General Poiares Maduro and the judgement by the ECJ that largely followed his dualist approach. The most important finding was the confirmation of the working hypotheses, notably on the challenge in the light of human rights, which was found to be a key factor for future solutions to similar problems.

Keywords: European Court of Justice; Court of First Instance; international law implementation; European exceptionalism; Ombudsman system; asset freezing; anti-terrorism measures; sanctions; Security Council; jus cogens

Chapter.  19049 words. 

Subjects: Constitutional and Administrative Law

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