EC Competence, ‘Smart Sanctions’ and the Kadi Case
Title: EC Competence, ‘Smart Sanctions’ and the Kadi Case
Author: CREMONA, Marise
Citation: Piet EECKHOUT and Takis TRIDIMAS (eds), Yearbook of European Law, 28, 2009, Oxford/New York, Oxford University Press, 2010, 559-592
This contribution examines the issue of Community competence to adopt restrictive measures, such as the freezing of funds, against individuals or entities, in particular in the implementation of sanctions decided upon by the UN Security Council. We are thus concerned with so-called ‘smart sanctions’, those directed at groups or at individuals, whether or not members of a third country government or ruling regime, which have become more commonly used in the last decade, in particular by the UN Security Council as part of its counterterrorism policy since 1999. The focus here is on Community, as opposed to Union, competence, although we will as a result touch upon the issue of the relationship between Community and Union powers. The core of the paper is a critique of the different approaches to this issue taken by the Court of First Instance, the Advocate General, and the European Court of Justice in the Kadi case, and some conclusions on the implications of this judgment, but we will begin by putting that specific competence debate into the context of the evolution of Community competence to adopt sanctions at all.
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