header-logo header-logo

EU fundamental rights trump UN Security Council

24 January 2008
Issue: 7305 / Categories: Legal News , Public , EU , Human rights
printer mail-detail

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
printer mail-details

MOVERS & SHAKERS

Carey Olsen—Kim Paiva

Carey Olsen—Kim Paiva

Group partner joins Guernsey banking and finance practice

Morgan Lewis—Kat Gibson

Morgan Lewis—Kat Gibson

London labour and employment team announces partner hire

Foot Anstey McKees—Chris Milligan & Michael Kelly

Foot Anstey McKees—Chris Milligan & Michael Kelly

Double partner appointment marks Belfast expansion

NEWS
The Ministry of Justice (MoJ) has not done enough to protect the future sustainability of the legal aid market, MPs have warned
Writing in NLJ this week, NLJ columnist Dominic Regan surveys a landscape marked by leapfrog appeals, costs skirmishes and notable retirements. With an appeal in Mazur due to be heard next month, Regan notes that uncertainties remain over who will intervene, and hopes for the involvement of the Lady Chief Justice and the Master of the Rolls in deciding the all-important outcome
After the Southport murders and the misinformation that followed, contempt of court law has come under intense scrutiny. In this week's NLJ, Lawrence McNamara and Lauren Schaefer of the Law Commission unpack proposals aimed at restoring clarity without sacrificing fair trial rights
The latest Home Office figures confirm that stop and search remains both controversial and diminished. Writing in NLJ this week, Neil Parpworth of De Montfort University analyses data showing historically low use of s 1 PACE powers, with drugs searches dominating what remains
Boris Johnson’s 2019 attempt to shut down Parliament remains a constitutional cautionary tale. The move, framed as a routine exercise of the royal prerogative, was in truth an extraordinary effort to sideline Parliament at the height of the Brexit crisis. Writing in NLJ this week, Professor Graham Zellick KC dissects how prorogation was wrongly assumed to be beyond judicial scrutiny, only for the Supreme Court to intervene unanimously
back-to-top-scroll