Kadieu: Connecting the Dots – from Resolution 1267 to Judgment C-584/10 P – The Coming of Age of Judicial Review
Avbelj, Fontanelli, Martinico (eds), Kadi on Trial (Routledge, 2014) 7-21
Posted: 10 Oct 2014 Last revised: 23 Oct 2014
Date Written: November 30, 2013
This chapter compares the most recent judgment with the three previous "Kadi" decisions. It contextualizes the 2013 pronouncement of the Court of Justice of the EU accounting for the incremental developments traceable in the various decisions and opinions of the Advocates General. More specifically, the analysis suggests a mapping of the different standards of judicial review which were discussed in the proceedings and the scholarship, showing how the different decisions and commentaries speak to different standards that can be arranged on a spectrum that goes from absolute deference to de novo review.
Keywords: Kadi, Kadi II, Court of Justice of the EU, Kadi, anti-terrorism, judicial review, monism, dualism, standards of review
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