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: Larik Joris
• 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.

Keywords

EN

ANTI-TERRORISM SANCTIONS; EU HUMAN RIGHTS; EU-UN RELATIONS; KADI CASE-LAW

Discipline

• POLITICAL_SCIENCES: POLITICAL SCIENCES

• Publisher: Centre for Europe, University of Warsaw
• Journal: Yearbook of Polish European Studies
• Year: 2010
• Volume: 13
• Pages: 149-173
• Document type: ARTICLE

Contributors

author

Larik Joris

• Joris Larik, European University Institute, Department of Law, Via Giovanni Boccaccio 121, 50133 Firenze, Italia

Identifiers

CEJSH db identifier

11PLAAAA103418