Terrorism and the ECJ: Empowerment and Democracy in the EC Legal Order

37 Pages Posted: 22 Mar 2009

See all articles by P. Takis Tridimas

P. Takis Tridimas

Queen Mary University of London, School of Law; King's College London - The Dickson Poon School of Law; The Pennsylvania State University (University Park) – Penn State Law

Date Written: March 19, 2009

Abstract

In its judgment in Joined Cases C-402/05 P & C-415/05 P Kadi & Al Barakaat International Foundation v. Council and Commission, judgment of 3 September 2008, the ECJ held that the Community has competence to adopt economic sanctions not only against States but also against individuals on the basis of Articles 301, 60 and 308 of the EC Treaty. It also held that UN Security Council resolutions are binding only in international law and cannot take precedence over the Community's internal standards for the protection of fundamental rights. The judgment raises some profound constitutional questions pertaining to the competence of the Community, its relationship with international law and the scope of fundamental rights protection. In parallel, in a number of cases culminating in its judgment of 23 October 2008 in Case T- 256/07 People's Mojahedin Organisation of Iran v. Council (OMPI II), the CFI has annulled anti-terrorist sanctions imposed by the European Community indicating a strong adherence to process rights. The purpose of this contribution is to discuss the above case law and its implications.

Suggested Citation

Tridimas, P. Takis, Terrorism and the ECJ: Empowerment and Democracy in the EC Legal Order (March 19, 2009). Queen Mary School of Law Legal Studies Research Paper No. 12/2009, Available at SSRN: https://ssrn.com/abstract=1365385 or http://dx.doi.org/10.2139/ssrn.1365385

P. Takis Tridimas (Contact Author)

Queen Mary University of London, School of Law ( email )

United Kingdom

King's College London - The Dickson Poon School of Law ( email )

Somerset House East Wing
Strand
London, WC2R 2LS
United Kingdom

The Pennsylvania State University (University Park) – Penn State Law ( email )

Lewis Katz Building
University Park, PA 16802
United States

Do you have negative results from your research you’d like to share?

Paper statistics

Downloads
499
Abstract Views
2,280
Rank
104,268
PlumX Metrics