Kadi and the Role of the CJEU in the International Legal Order

Veronika Fikfak 

University of Cambridge - Homerton College; University of Cambridge - Lauterpacht Centre for International Law
July 10, 2013

Cambridge Yearbook of European Legal Studies 2012-2013 (Forthcoming) 
Abstract:      
This article investigates the role of the Court of Justice of the European Union in the international legal order in light of its decision in Kadi and the forthcoming Kadi II. It focuses on establishing how the Court perceives its relationship with the Security Council and its position in the international legal order. The CJEU’s approach is analysed by identifying the characteristics of review adopted by the Court as a ‘constitutional court of a municipal legal order’. In this context, the article reveals how the CJEU’s review resembles that employed by domestic courts seeking to give force to the same or similar actions of international institutions and shows which motives may have led the CJEU to follow the practice of national courts in constructing its relationship with the international organs. This practice is contrasted with Advocate General Bot’s desire to depart from the image of an all-powerful but isolated CJEU, a court ignorant of other legal orders. Instead, he insists that what the CJEU ought to do in Kadi II is adopt both a more modest, deferential role in reviewing international sanctions and a rather more active role as a participant in the international legal order.

Number of Pages in PDF File: 20

Keywords: Kadi, Court of Justice of the European Union, Security Council, domestic courts, international law

Full text available at:http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2297256