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Flashcards in EU Law - United Nations Security Council Deck (35):
1

Chapter 7 UN Charter

UN adoption of Resolutions makes them binding on all UN Members

2

UN adoption of Resolutions makes them binding on all UN Members

Chapter 7 UN Charter

3

Article 103 UN Charter

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

4

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

Article 103 UN Charter

5

What is Article 103 UN Charter termed?

pillar of the international 'constitution'

6

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

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

7

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

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

8

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

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

9

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

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

10

What court criticised CFI use of 'ius cogens' and why?

CJEU for lack of CFI jurisdiction

11

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

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

12

Autonomy of EU law argument, CJEU 2008 Kadi I

Builds on Van Gend en Loos

13

RoL argument, CJEU 2008 Kadi I

ALL Acts of EU are subject to law and reviewable

14

Pluralism argument, CJEU 2008 Kadi I

EU law is self-standing from international dimensions

15

JR argument, CJEU 2008 Kadi I

UNSC primacy cannot affect EU level JR

16

Solange, CJEU 2008 Kadi I

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

17

What solange was in the CJEU 2008 Kadi I judgment?

Negative

18

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

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

19

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

AG

20

Fundamental rights argument, CJEU 2008 Kadi I

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

21

By 2008, what had the UN introduced?

Re-examination procedure

22

What did the UN re-examination procedure allow?

Individual to send UN a letter

23

Name at least one criticism of CJEU 2008 Kadi I approach

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

24

After Kadi I, what did the UNSC provide?

Policy giving summary reasons for the listing of every person

25

General Court 2010 Kadi II

Impossible for Kadi to defend himself on evidence given

26

CJEU 2013 Kadi II

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

27

What had happened at UN level by 2013?

Kadi delisted

28

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

Ombudsperson investigation

29

Why was Kadi delisted in 2013?

Ombudsperson investigation

30

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

Burca

31

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

Goldsmith and Posner

32

What academic made a comparison between Kadi and Medelln?

Weiler

33

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

Eeckhout

34

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

If there were a complete system of protection at UN level

35

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

Weiler - 'reading into the Decision'

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