The Kadi rulings : a survey of the literature

Abstract

The present survey undertakes to critically summarize the comments that legal writers of international or European law have made on two cases concerning the legality of Community acts imposing sanctions on individuals listed by the UN Sanction Committee. In particular, we will deal with the CFI's ruling of 21 September 2005 1 and on the appeal handed down by the ECJ on 3 September 2008 2 over which much ink has been spilt, given the range of legal issues at stake. Our survey is confined to the two 'Kadi rulings' and does not take into consideration the challenges of sanctions based on lists of individuals drawn up at EC level, independently of the UN sanction system.