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Law Second Year > EU Law - United Nations Security Council > Flashcards

EU Law - United Nations Security Council Flashcards

1
Q

Chapter 7 UN Charter

A

UN adoption of Resolutions makes them binding on all UN Members

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2
Q

UN adoption of Resolutions makes them binding on all UN Members

A

Chapter 7 UN Charter

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3
Q

Article 103 UN Charter

A

Strong international conflict rule so UNC prevails in conflict with other international Treaty

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4
Q

Strong international conflict rule so UNC prevails in conflict with other international Treaty

A

Article 103 UN Charter

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5
Q

What is Article 103 UN Charter termed?

A

pillar of the international ‘constitution’

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6
Q

Why did the CFI in Kadi I refuse to review EU Regulation?

A

Would indirectly review UNSC Resolution and UNSC not bound by EU law

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7
Q

How did the CFI in Kadi I find the EC bound indirectly by UNC?

A

EC Treaty requires EU to adopt all measures necessary to help Members fulfil UNC obligations

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8
Q

What did the CFI review the EU law on the basis on in Kadi I?

A

Ius cogens - very basic norms of humanity binding on all states and unable to be violated

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9
Q

What has the CFI judgment on Kadi I been criticised for?

A

Allowing UN law to ‘trump the protection of fundamental rights, as required under EU law’

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10
Q

What court criticised CFI use of ‘ius cogens’ and why?

A

CJEU for lack of CFI jurisdiction

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11
Q

What were the six main elements of the CJEU argument in Kadi I 2008?

A

Autonomy of EU law, RoL, pluralism, JR, Solange and fundamental rights

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12
Q

Autonomy of EU law argument, CJEU 2008 Kadi I

A

Builds on Van Gend en Loos

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13
Q

RoL argument, CJEU 2008 Kadi I

A

ALL Acts of EU are subject to law and reviewable

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14
Q

Pluralism argument, CJEU 2008 Kadi I

A

EU law is self-standing from international dimensions

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15
Q

JR argument, CJEU 2008 Kadi I

A

UNSC primacy cannot affect EU level JR

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16
Q

Solange, CJEU 2008 Kadi I

A

As long as no JR at UN level, ECJ law applies

17
Q

What solange was in the CJEU 2008 Kadi I judgment?

A

Negative

18
Q

what did AG say about solange in CJEU 2008 Kadi i?

A

Not exceeding CJEU function by ruling on the matter as immediate consequence of the lack of independent, international UN tribunal

19
Q

Who said CJEU were not exceeding their function by ruling on Kadi I as immediate consequence of the lack of independent, international UN tribunal?

A

AG

20
Q

Fundamental rights argument, CJEU 2008 Kadi I

A

No justifications given to EU to consider for violation of such rights

21
Q

By 2008, what had the UN introduced?

A

Re-examination procedure

22
Q

What did the UN re-examination procedure allow?

A

Individual to send UN a letter

23
Q

Name at least one criticism of CJEU 2008 Kadi I approach

A

Disrespects UNSC central role, excessive confirmation of EU law autonomy and silent on Article 103 UNC

24
Q

After Kadi I, what did the UNSC provide?

A

Policy giving summary reasons for the listing of every person

25
Q

General Court 2010 Kadi II

A

Impossible for Kadi to defend himself on evidence given

26
Q

CJEU 2013 Kadi II

A

If evidence insufficient, measure is unlawful. If evidence unable to be disclosed, Court will determine if reasons are sufficient to preclude disclosure

27
Q

What had happened at UN level by 2013?

A

Kadi delisted

28
Q

What new review method was a direct consequence of Kadi I?

A

Ombudsperson investigation

29
Q

Why was Kadi delisted in 2013?

A

Ombudsperson investigation

30
Q

What academic criticised CJEU for focus on EU fundamental rights and pluralist language?

A

Burca

31
Q

What academic made a comparison between ECJ and American Supreme Court?

A

Goldsmith and Posner

32
Q

What academic made a comparison between Kadi and Medelln?

A

Weiler

33
Q

What academic suggested a move to a positive solange in the future?

A

Eeckhout

34
Q

When does Eeckhout suggest the ECJ may move to a positive solange?

A

If there were a complete system of protection at UN level

35
Q

What academic criticised Eeckhout’s reading of Kadi II as showing a positive Solange?

A

Weiler - ‘reading into the Decision’

Law Second Year (62 decks)

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