Challenging the EU Counter-terrorism Measures through the Courts

Abstract

This collection of papers examines the implications of the European Court of Justice’s approach to UN-related counter-terrorism measures against individuals (so-called ‘smart sanctions’), as expressed by its ruling in Case C-402/05P Kadi v Council and Commission, in which it annulled an EC act implementing a UN Security Council resolution. The impact of this seminal judgment on the EC legal order, on its relationship with the UN Charter, and on the case-law of the European Court of Human rights is the theme of this collection. The papers represent a range of views both critical and supportive of the different aspects of the Court’s ruling and include a survey of the already extensive literature commenting on the CFI and ECJ rulings in Kadi.