Kadi: The ECJ's Reminder of the Elementary Divide between Legal Orders

International Organizations Law Review, 2008

9 Pages Posted: 13 Feb 2009

See all articles by Jean d'Aspremont

Jean d'Aspremont

Sciences Po Law School; University of Manchester - School of Law

Frédéric Dopagne

University of Louvain (UCL)

Date Written: December 12, 2008

Abstract

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

Suggested Citation

d'Aspremont, Jean and Dopagne, Frédéric, Kadi: The ECJ's Reminder of the Elementary Divide between Legal Orders (December 12, 2008). International Organizations Law Review, 2008, Available at SSRN: https://ssrn.com/abstract=1341982

Jean D'Aspremont (Contact Author)

Sciences Po Law School ( email )

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France

HOME PAGE: http://www.sciencespo.fr/ecole-de-droit/en/profile/daspremont-jean

University of Manchester - School of Law ( email )

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United Kingdom

HOME PAGE: http://www.manchester.ac.uk/research/Jean.daspremont/

Frédéric Dopagne

University of Louvain (UCL) ( email )

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Louvain-la-Neuve, 1348
Belgium
+32 10 47 47 78 (Phone)
+32 10 47 30 58 (Fax)

HOME PAGE: http://www.uclouvain.be/cedie

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