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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. Moreover, it seems that the Security Council has risen to the challenge by introducing a strong review mechanism.
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 property9 had been infringed.
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