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The Kadi Case – Constitutional Core Values and ...

The European Journal of international Law Vol. 23 no. 4 EJIL (2012), Vol. 23 No. 4, 1015 1024 The Author, 2012. Published by Oxford University Press on behalf of EJIL Ltd. All rights reserved. For Permissions, please email: Kadi case Constitutional core Values and international Law Finding the Balance?Juliane Kokott* and Christoph Sobotta** AbstractThe Kadi judgment of the European Court of Justice has provoked severe criticism. The Court s dualist approach was described as unfaithful to its traditional fidelity to public inter-national law and inserting itself in the tradition of nationalism. However, we argue that the Court indicated a possible opening to allow for precedence of Security Council measures, if sufficient safeguards for human rights are created.

Constitutional Core Values and International Law – Finding the Balance? 1017 to be heard as well as his right to effective judicial review8 and the right to …

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