The Impact of the Kadi Judgment on the International Obligations of the EC Member States and the EC

Summary:

The main aim of this article is to explore the impact of the European Court of Justice's (ECJ) Kadi judgement on the international obligations of European Community (EC) Member States and the European Union (EU). More specifically, the focus will be on Article 307 EC, which states that rights and obligations of the EC Member States arising out of pre-accession international agreements shall not be affected by the EC Treaty.

This provision has been construed by some EC Member States as allowing them to deviate from their EC law obligations, notably, fundamental rights obligations, in order to fulfil their obligations arising out of UN Security Council resolutions.

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