header-logo header-logo

EU fundamental rights trump UN Security Council

24 January 2008
Issue: 7305 / Categories: Legal News , Public , EU , Human rights
printer mail-detail

EU

 

Advocate General Maduro has called for a judgment of the Court of First Instance (CFI) on the frozen assets of a suspected terrorist to be set aside and the case referred to the European Court of Justice (ECJ).

ant to several UN Security Coun­cil Resolutions which were given effect in the EU by Regulation 467/2001 (replaced by Regula­tion 881/2002).

Kadi was not allowed to make representations before either the Security Council or the EU institu­tions. However, in Kadi v Council and Commission, the CFI dismissed his challenge to the regulation, on the basis that UN Security Council Resolutions were binding on the EU save on jus cogens grounds.

Maduro disagreed, finding that international law can only take effect under the conditions prescribed by the constitutional principles of the Community.

Brick Court’s David Anderson QC, who appeared for Kadi, says: “The ruling of the Grand Chamber is now awaited on an appeal which is of defining importance not only for the balance between fundamental rights and the fight against terrorism but for the inter­relationship between EU and public international law.”

Issue: 7305 / Categories: Legal News , Public , EU , Human rights
printer mail-details

MOVERS & SHAKERS

Gilson Gray—Linda Pope

Gilson Gray—Linda Pope

Partner joins family law team inLondon

Jackson Lees Group—five promotions

Jackson Lees Group—five promotions

Private client division announces five new partners

Taylor Wessing—Max Millington

Taylor Wessing—Max Millington

Banking and finance team welcomes partner in London

NEWS
The landmark Supreme Court’s decision in Johnson v FirstRand Bank Ltd—along with Rukhadze v Recovery Partners—redefine fiduciary duties in commercial fraud. Writing in NLJ this week, Mary Young of Kingsley Napley analyses the implications of the rulings
Barristers Ben Keith of 5 St Andrew’s Hill and Rhys Davies of Temple Garden Chambers use the arrest of Simon Leviev—the so-called Tinder Swindler—to explore the realities of Interpol red notices, in this week's NLJ
Mazur v Charles Russell Speechlys [2025] has upended assumptions about who may conduct litigation, warn Kevin Latham and Fraser Barnstaple of Kings Chambers in this week's NLJ. But is it as catastrophic as first feared?
Lord Sales has been appointed to become the Deputy President of the Supreme Court after Lord Hodge retires at the end of the year
Limited liability partnerships (LLPs) are reportedly in the firing line in Chancellor Rachel Reeves upcoming Autumn budget
back-to-top-scroll