EC Competence, ‘Smart Sanctions’, and the Kadi Case

Summary:

This article examines the issue of Community competence to adopt restrictive measures, such as the freezing of funds, against individuals or entities, in particular in the implementation of sanctions decided upon by the United Nations (UN) Security Council. The core of the paper is a critique of the different approaches to this issue taken by the Court of First Instance, the Advocate General, and the European Court of Justice in the Kadi case.

The first part focuses on Community, as opposed to Union, competence. The second part contains conclusions on the implications of this judgement.

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