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Citation. European Court of Justice, 2008 E.C.R______ (2008)
Brief Fact Summary. The funds of Yassin Abdullah Kadi (D) and Al Barakaat International Foundation (D) was frozen by a regulation of the Council of the European Union (P) following a resolution by the U.N. Security Council. The EU Court of First Instance ruled that it did not have jurisdiction to review measures adopted by the European Community (EC) giving effect to resolutions of the Security Council adopted against the Al Qaeda and Taliban terrorist networks. The defenders appealed.
Synopsis of Rule of Law. It is within the jurisdiction of the courts of member states of the European Union (P) to review measures adopted by the European Community that give effect to resolutions of the U.N. Security Council.
Far from making the requisite substantial showing, the Government has failed even to offer a merely colorable case for inclusion of conspiracy among those offenses cognizable by law-of-war military commission.
View Full Point of LawIssue. Is it within the jurisdiction of the courts of member states of the European Union (P) to review measures adopted by the European Community that gives effect to resolutions of the U.N. Security Council?
Held. Yes. It is within the jurisdiction of the courts of member states of the European Union (P) to review measures adopted by the European Community that give effect to resolutions of the U.N. Security Council. The EC courts have the power to review the legality of all Community acts, including the contested regulations that aim to give effect to resolutions adopted by the Security Council under the U.N. Charter. A judgment by an EU court that an EC measure is not in consonance with a higher rule of law in the EC legal order would not implicate a challenge to the legitimacy of that resolution in international law.
Discussion. This case marks the first time that the ECJ confirmed its jurisdiction to review the lawfulness of a measure giving effect to Security Council resolutions. It also constitute the first time the ECJ quashed an EC measure giving effect to a UNSC resolution for being unlawful.