The Kadi Case Flashcards
(11 cards)
What is the Kadi Case?
A landmark series of judgements by the General Court and the Court of Justice concerning the validity of EU regulations implementing UN Security Council sanctions.
Who was the claimant in the Kadi case?
Yassin Abdullah Kadi, a Saudi national, was designated by the UNSC 1267 Committee as an individual associated with AQ.
What were the consequences of UNSC 1267?
Global freezing of his assets.
What was Mr Kadi’s challenge in the Courts?
That his fundamental rights had been violated.
What were the key issues of the Kadi case?
The fundamental conflict between the EU’s international obligations and the fundamental rights protected within the EU legal order.
What was the ruling by the Court of First Instance?
The CFI upheld the EU regulation, reasoning that the UNSCR adopted under Chapter VII of the UN Charter are binding on the EU. It stated that the EU courts lack jurisdiction to review the lawfulness of such resolutions.
What did the Court of Justice rule?
The CJEU overturned the CFI’s judgement and annulled the EU regulation freezing Mr Kadi’s assets. The Court states that the autonomy of the EU Legal Order was a central tenet of the CJEUs reasoning.
How did the CJEU describe the relationship between the EU and UN?
All acts adopted by EU institutions, including those implementing international obligations, must be subject to judicial review for their compatibility with fundamental rights protected by the EU.
What were the findings of the 2013 Kadi case?
The General Court and CJEU found that even the revised listings procedures were insufficient to ensure his fundamental rights.
What is the significance of the Kadi case?
It highlights the primacy of EU Fundamental Rights and affirms that rights protected within the EU legal order form an absolute and inviolable part of the Union’s constitutional foundations.
What does the Kadi case highlight about the EU legal system?
It is self-contained and autonomous from international law.
