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Case T-315/01, Yassin Abdullah Kadi v Council of the European Union and Commission of the European Communities, 21 September 2005, [2005] ECR II-3649 (Kadi I CFI); Cases C-402/05 P and C-415/05 P, Yassin Abdullah Kadi and Al Barakaat International Foundat
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Abstract
This casenote reviews and discusses the series of decisions regarding sanctions imposed by the UN Security Council against Yassin Abdullah Kadi, as implemented in the EU legal order. In this series of cases, the EU Courts at different times take different positions regarding the relationship of the UN and the EU legal order, as well as their power to review EU acts implementing Security Council sanctions and (indirectly) the sanctions themselves. The series of cases marks a watershed moment in UN Security Council targeted sanctions, forcing EU member states to disobey them and eventually leading to the creation and strengthening of an internal UN review mechanism, the Office of the Ombudsperson.
Oxford University Press
Title: Case T-315/01, Yassin Abdullah Kadi v Council of the European Union and Commission of the European Communities, 21 September 2005, [2005] ECR II-3649 (Kadi I CFI); Cases C-402/05 P and C-415/05 P, Yassin Abdullah Kadi and Al Barakaat International Foundat
Description:
Abstract
This casenote reviews and discusses the series of decisions regarding sanctions imposed by the UN Security Council against Yassin Abdullah Kadi, as implemented in the EU legal order.
In this series of cases, the EU Courts at different times take different positions regarding the relationship of the UN and the EU legal order, as well as their power to review EU acts implementing Security Council sanctions and (indirectly) the sanctions themselves.
The series of cases marks a watershed moment in UN Security Council targeted sanctions, forcing EU member states to disobey them and eventually leading to the creation and strengthening of an internal UN review mechanism, the Office of the Ombudsperson.
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