The Kadi Rulings: A Survey of the Literature

Summary: 

This article contains a survey of reactions to the Kadi rulings. The authors have reviewed comments that legal writers of international or European law have made on two cases concerning the legality of Community Act imposed sanctions on individuals listed by the United Nations (UN) Sanction Committee.

The article first sketches the position that the Court of First Instance (CFI) and the European Court of Justice (ECJ) set for themselves in the global legal order and expound the reasons as to why the two judicial decisions were appreciated by commentators. The following section is dedicated to reviewing the comments which were made on the admissibility of the action and on the legal bases of the contested Regulations. The fourth and fifth sections examine the main reasons for criticizing, respectively, the rulings of the CFI and the ECJ. The final section of the survey draws together the overall conclusions.

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