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Kadi v. Council and Commission

Law Dictionary
CASE BRIEFS

Law Dictionary

Featuring Black's Law Dictionary 2nd Ed.
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International Law Keyed to Damrosche

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.



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