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Judicial Review of UN Sanctions by the European Court of Justice

Nordic Journal of International Law, No. 3, 2009

18 Pages Posted: 4 Jul 2009 Last revised: 4 Aug 2009

Nikos Lavranos

European Federation for Investment Law and Arbitration (EFILA)

Date Written: June 27, 2009

Abstract

With its Kadi-judgment, the European Court of Justice firmly rejected the Kadi/Yusuf-judgments of the Court of First Instance. The Court of Justice made unambiguously clear that Community law, in particular its basic, core fundamental rights values prevail over any international law obligations of the EC and its Member States, including UN Security Council Resolutions and the UN Charter. As a consequence thereof, individuals targeted by UN sanctions must have access to full judicial review in order to be able to ensure the eff ective protection of their fundamental rights, including procedural rights as guaranteed by the European Convention of Human Rights (ECHR).

As a result, the Court of Justice proved that the Community is indeed based on the rule of law and that the fi ght against terrorism - how important it may be - cannot be used as a justifi cation for completely abrogating European constitutional law values as guaranteed within the Community and its Member States.

Keywords: UN sanctions, judicial review, fundamental rights, autonomy of Community legal order, relationship

Suggested Citation

Lavranos, Nikos, Judicial Review of UN Sanctions by the European Court of Justice (June 27, 2009). Nordic Journal of International Law, No. 3, 2009. Available at SSRN: https://ssrn.com/abstract=1426547 or http://dx.doi.org/10.2139/ssrn.1426547

Nikos Lavranos (Contact Author)

European Federation for Investment Law and Arbitration (EFILA) ( email )

Brussels
Belgium

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