
Contents
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A. Introduction A. Introduction
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B. The factual situation—the origin of the problem B. The factual situation—the origin of the problem
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C. The CFI judgment C. The CFI judgment
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D. The position taken by Advocate General Poiares Maduro D. The position taken by Advocate General Poiares Maduro
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E. The judgment of the ECJ E. The judgment of the ECJ
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F. The implementation of these principles in the Kadi case F. The implementation of these principles in the Kadi case
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G. The meaning of access to justice G. The meaning of access to justice
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H. In search of a solution H. In search of a solution
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I. Testing four hypotheses I. Testing four hypotheses
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J. Conclusion J. Conclusion
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2 UN Sanctions Before the ECJ: the Kadi Case
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Published:September 2010
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Abstract
This chapter discusses the issue of the legality of UN Security Council Resolutions in light of the 2008 European Court of Justice Kadi Judgment. With the increased use of targeted sanctions, in particular in connection with the freezing of assets of suspected terrorists, the legitimacy and accuracy of UN Security Council resolutions is under review. The presentation follows the initial judgment of the Court of First Instance, including the assessment of its qualification of a jus cogens violation that would allow the judicial review by this Court according to international law, the position taken by the Advocate General Poiares Maduro and the judgement by the ECJ that largely followed his dualist approach. The most important finding was the confirmation of the working hypotheses, notably on the challenge in the light of human rights, which was found to be a key factor for future solutions to similar problems.
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