PL EN


2010 | 13 | 149-173
Article title

TWO SHIPS IN THE NIGHT OR IN THE SAME BOAT TOGETHER: HOW THE ECJ SQUARED THE CIRCLE AND FORESHADOWED LISBON IN ITS KADI JUDGMENT

Authors
Title variants
Languages of publication
EN
Abstracts
EN
This paper argues that the ECJ in its seminal Kadi judgment made the right decision and foreshadowed numerous reforms in the EU's external action introduced by the Lisbon Treaty. It rightly rejected the approach presented by the Court of First Instance, which ultimately turned out to be a false friend of international law. By largely following the Advocate General's Opinion, the Court maintained the superior human rights standard of the EU legal order. Without, however, jeopardizing the compliance of the Member States with their UN obligations right away, it sent a clear warning signal to the UN Security Council to exhaust the potential for reform of the targeted sanction regime. The Court showed that in the face of such global threats as terrorism as well as the undermining of basic human rights, we are all in the same boat together after all.
Year
Volume
13
Pages
149-173
Physical description
Document type
ARTICLE
Contributors
author
  • Joris Larik, European University Institute, Department of Law, Via Giovanni Boccaccio 121, 50133 Firenze, Italia
References
Document Type
Publication order reference
Identifiers
CEJSH db identifier
11PLAAAA103418
YADDA identifier
bwmeta1.element.d3801f04-c279-39de-90e2-b4bbf6884ec8
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