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24 January 2008
Issue: 7305 / Categories: Legal News , Public , EU , Human rights
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EU fundamental rights trump UN Security Council

EU

 

Advocate General Maduro has called for a judgment of the Court of First Instance (CFI) on the frozen assets of a suspected terrorist to be set aside and the case referred to the European Court of Justice (ECJ).

ant to several UN Security Coun­cil Resolutions which were given effect in the EU by Regulation 467/2001 (replaced by Regula­tion 881/2002).

Kadi was not allowed to make representations before either the Security Council or the EU institu­tions. However, in Kadi v Council and Commission, the CFI dismissed his challenge to the regulation, on the basis that UN Security Council Resolutions were binding on the EU save on jus cogens grounds.

Maduro disagreed, finding that international law can only take effect under the conditions prescribed by the constitutional principles of the Community.

Brick Court’s David Anderson QC, who appeared for Kadi, says: “The ruling of the Grand Chamber is now awaited on an appeal which is of defining importance not only for the balance between fundamental rights and the fight against terrorism but for the inter­relationship between EU and public international law.”

Issue: 7305 / Categories: Legal News , Public , EU , Human rights
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MOVERS & SHAKERS

NLJ Career Profile: Nikki Bowker, Devonshires

NLJ Career Profile: Nikki Bowker, Devonshires

Nikki Bowker, head of litigation and dispute resolution at Devonshires, on career resilience, diversity in law and channelling Elle Woods when the pressure is on

Ellisons—Sarah Osborne

Ellisons—Sarah Osborne

Leasehold enfranchisement specialist joins residential property team

DWF—Chris Air

DWF—Chris Air

Firm strengthens commercial team in Manchester with partner appointment

NEWS
Contract damages are usually assessed at the date of breach—but not always. Writing in NLJ this week, Ian Gascoigne, knowledge lawyer at LexisNexis, examines the growing body of cases where courts have allowed later events to reshape compensation
The Supreme Court has restored ‘doctrinal coherence’ to unfair prejudice litigation, writes Natalie Quinlivan, partner at Fieldfisher LLP, in this week' NLJ
The High Court’s refusal to recognise a prolific sperm donor as a child’s legal parent has highlighted the risks of informal conception arrangements, according to Liam Hurren, associate at Kingsley Napley, in NLJ this week
The Court of Appeal’s decision in Mazur may have settled questions around litigation supervision, but the profession should not simply ‘move on’, argues Jennifer Coupland, CEO of CILEX, in this week's NLJ
A simple phrase like ‘subject to references’ may not protect employers as much as they think. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, analyses recent employment cases showing how conditional job offers can still create binding contracts
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