Suspected Terrorists' Rights Between the Fragmentation and Merger of Legal Orders: Reflections in the Margin of the Kadi ECJ Appeal Judgment


This Article briefly describes the human rights challenges entailed by the U.N. and EU individual financial sanctions, particularly from the viewpoint of access to justice. It then explores the early tendencies of the Court of First Instance ("CFI") in dealing with complaints from individuals included on EU-incorporated U.N. lists, as opposed to autonomous EU proscription lists. It discusses the two parallel sets of cases and the double standards in the protection of suspects‘ rights resulting from excessive deference to the Security Council. Against this background, the article subsequently analyzes the recent judgment of the European Court of Justice ("ECJ") on the Kadi appeal case of 3 September 2008. The significant shift in jurisprudence signaled by the Kadi judgment is the starting point for new reflections on the fragmentation and merger of the legal phenomena in the post-modern world, and on the place of human rights and the rule of law principle in the value system of the international community.


Terrorism -- European Union countries, Human rights -- European Union countries, International law, Asset freezing, United Nations. Security Council, Kadi v. Council of the European Union Case C-402/05 (E.C.J. Sept. 3, 2008), Antiterrorism measures, Due process of law, Human rights, Sanctions (International law)



Carmen Draghici (City University London England)



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