Security Council Resolutions and EC Fundamental Rights: Some Remarks on the ECJ Decision in the Kadi Case

Summary:

This short article addresses two of the controversial issues raised by the European Court of Justice’s (ECJ) decision in Kadi. The first concerns the effect of Security Council (SC) resolutions within the European (EC) legal order; the second, closely interrelated to the first, concerns the competence of the ECJ to review the legality of SC resolutions under higher international standards.

The article examines these two issues in the order just described, and only to the extent that they are interrelated.

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