Kadi and the Role of the Court of Justice of the European Union in the International Legal Order

The Danish National Research Foundation’s Centre of Excellence for International Courts and Governance

Research output: Contribution to journal › Journal article › Research › peer-review

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Kadi and the Role of the Court of Justice of the European Union in the International Legal Order. / Fikfak, Veronika.

In: Cambridge Yearbook of European Legal Studies, Vol. 15, 2013.

Research output: Contribution to journal › Journal article › Research › peer-review

Harvard

Fikfak, V 2013, 'Kadi and the Role of the Court of Justice of the European Union in the International Legal Order', Cambridge Yearbook of European Legal Studies, vol. 15. https://doi.org/10.1017/S1528887000003177

APA

Fikfak, V. (2013). Kadi and the Role of the Court of Justice of the European Union in the International Legal Order. Cambridge Yearbook of European Legal Studies, 15. https://doi.org/10.1017/S1528887000003177

Vancouver

Fikfak V. Kadi and the Role of the Court of Justice of the European Union in the International Legal Order. Cambridge Yearbook of European Legal Studies. 2013;15. https://doi.org/10.1017/S1528887000003177

Author

Fikfak, Veronika. / Kadi and the Role of the Court of Justice of the European Union in the International Legal Order. In: Cambridge Yearbook of European Legal Studies. 2013 ; Vol. 15.

Bibtex

@article{6cd01523e2bb49368d15a3d1a1e2b954,

title = "Kadi and the Role of the Court of Justice of the European Union in the International Legal Order",

abstract = "This chapter investigates the role of the Court of Justice of the European Union (CJEU) in the international legal order in light of its decision in Kadi and the forthcoming Kadi II. It focuses on establishing how the Court perceives its relationship with the UN Security Council and its position in the international legal order. The CJEU's approach is analysed by identifying the characteristics of review adopted by it as a 'constitutional court of a municipal legal order'. In this context, the chapter reveals how the CJEU's review resembles that employed by domestic courts seeking to give force to the same or similar actions of international institutions and shows which motives may have led the CJEU to follow the practice of national courts in constructing its relationship with the international organs. This practice is contrasted with Advocate General Bot's desire to depart from the image of an all-powerful but isolated CJEU, a court ignorant of other legal orders. Bot insists that what the CJEU ought to do in Kadi II is adopt both a more modest, deferential role in reviewing international sanctions and a rather more active role as a participant in the international legal order.",

author = "Veronika Fikfak",

year = "2013",

doi = "10.1017/S1528887000003177",

language = "English",

volume = "15",

journal = "Cambridge Yearbook of European Legal Studies",

issn = "1528-8870",

publisher = "Cambridge University Press",

}

RIS

TY - JOUR

T1 - Kadi and the Role of the Court of Justice of the European Union in the International Legal Order

AU - Fikfak, Veronika

PY - 2013

Y1 - 2013

N2 - This chapter investigates the role of the Court of Justice of the European Union (CJEU) in the international legal order in light of its decision in Kadi and the forthcoming Kadi II. It focuses on establishing how the Court perceives its relationship with the UN Security Council and its position in the international legal order. The CJEU's approach is analysed by identifying the characteristics of review adopted by it as a 'constitutional court of a municipal legal order'. In this context, the chapter reveals how the CJEU's review resembles that employed by domestic courts seeking to give force to the same or similar actions of international institutions and shows which motives may have led the CJEU to follow the practice of national courts in constructing its relationship with the international organs. This practice is contrasted with Advocate General Bot's desire to depart from the image of an all-powerful but isolated CJEU, a court ignorant of other legal orders. Bot insists that what the CJEU ought to do in Kadi II is adopt both a more modest, deferential role in reviewing international sanctions and a rather more active role as a participant in the international legal order.

AB - This chapter investigates the role of the Court of Justice of the European Union (CJEU) in the international legal order in light of its decision in Kadi and the forthcoming Kadi II. It focuses on establishing how the Court perceives its relationship with the UN Security Council and its position in the international legal order. The CJEU's approach is analysed by identifying the characteristics of review adopted by it as a 'constitutional court of a municipal legal order'. In this context, the chapter reveals how the CJEU's review resembles that employed by domestic courts seeking to give force to the same or similar actions of international institutions and shows which motives may have led the CJEU to follow the practice of national courts in constructing its relationship with the international organs. This practice is contrasted with Advocate General Bot's desire to depart from the image of an all-powerful but isolated CJEU, a court ignorant of other legal orders. Bot insists that what the CJEU ought to do in Kadi II is adopt both a more modest, deferential role in reviewing international sanctions and a rather more active role as a participant in the international legal order.

UR - http://www.mendeley.com/research/kadi-role-court-justice-european-union-international-legal-order

U2 - 10.1017/S1528887000003177

DO - 10.1017/S1528887000003177

M3 - Journal article

VL - 15

JO - Cambridge Yearbook of European Legal Studies

JF - Cambridge Yearbook of European Legal Studies

SN - 1528-8870

ER -

ID: 229031661

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