Kadi: The ECJ's Reminder of the Elementary Divide between Legal Orders
International Organizations Law Review, 2008
9 Pages Posted: 13 Feb 2009
Date Written: December 12, 2008
Without even the benefit of hindsight, we may already wonder whether the controversy that was triggered by the 2005 Yusuf judgment of the Court of First Instance (hereafter the CFI) and clinched by the 2008 Kadi ruling of the European Court of Justice (hereafter the ECJ) was inevitable and necessary. Indeed, the 2008 ruling of the ECJ sets aside a flawed decision and recalls the abiding and inextricable divide existing between legal orders - whether domestic or international. This divide leaves it to each legal order to decide how amenable to the rules of other legal orders it wants to be. If this elementary truth had not been overlooked by the CFI, no such controversy would have ensued. Hence, has the debate that stretched on since 2005 been worthwhile?
Keywords: Kadi, Yusuf, ECJ, Security Council, Sanction, Constitutionalism, Incorporation, International Organizations, EU
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