The Kadi II Judgment of the General Court: The ECJ's Predicament and the Consequences for Member States

Abstract

Kadi – Autonomy – Supremacy – EU legal order – Relationship between EU and UN – Terrorism – (National) Freezing Measures – Effects of annulment – Fundamental Rights – Right to effective legal protection – Right to property – Substantive versus formal hierarchy of norms – Comity – Relationship between Court of Justice and General Court – Bosphorus – Solange – Role and function of the Court of Justice

‘Between a rock and a hard place?’: The European Union’s financial sanctions against suspected terrorists, multilateralism and human rights

“…Thus, this qualifies the influence that the ECJ (now the Court of Justice) has been able to exercise on the Kadi case to date. Nevertheless, more generally, the various rulings of the European Courts have led to significant changes to listing procedures at both the EU and UN levels (Cuyvers, 2011;Draghici, 2009;Heupel, 2009). It will be interesting to observe how the second Kadi ruling of the Court of Justice seeks to and, in practice, manages to alter the relations between the EU's financial sanctions, multilateralism and human rights.…”

“…The fourth section analyses the impact of the Kadi judgment on the EU's financial sanctions regime and its relations to human rights and multilateralism. Kadi is not the only case concerning financial sanctions against suspected terrorists that has come before the European Courts (see notably Cuyvers, 2011;Eckes, 2009). However, the long-running (and, at the time of writing, still ongoing) 'Kadi saga', as it has come to be widely known (e.g.…”