Kadi and Al Barakaat v Council of the European Union and Commission of the European Communities. The Incompatibility of the United Nations Security Council’s 1267 Sanctions Regime with European Due Process Guarantees
This article analyses the landmark decision by the European Court of Justice (ECJ) in the cases of Kadi and Al Barakaat. These cases concern the implementation of the UN Security Council’s 1267 sanctions regime within the European Union. The article examines the key findings of the ECJ’s decision and discusses the judgment’s significance both as far as legal and political implications are concerned. It suggests that the case marked the first time that the ECJ has confirmed its jurisdiction to review the lawfulness of a measure giving effect to UN Security Council resolutions. It also notes that the case constitutes the first time that the ECJ has annulled an EC measure giving effect to a UN Security Council resolution for violating fundamental principles of Community law. The article concludes that the issues that lie at the heart of Kadi and Al Barakaat showcase a range of fundamental questions concerning the role of the Security Council in strengthening a rules-based international system and maintaining international peace and security under the rule of law.
Date of this Version
Christopher Michaelsen, "Kadi and Al Barakaat v Council of the European Union and Commission of the European Communities. The Incompatibility of the United Nations Security Council’s 1267 Sanctions Regime with European Due Process Guarantees" (September 2010). University of New South Wales Faculty of Law Research Series 2010. Working Paper 33.