The Kadi case-constitutional core values and international law-finding the balance?

Abstract

The Kadi judgment of the European Court of Justice has provoked severe criticism. The Court's dualist approach was described as unfaithful to its traditional fidelity to public international law and inserting itself in the tradition of nationalism. However, we argue that the Court indicated a possible opening to allow for precedence of Security Council measures, if sufficient safeguards for human rights are created. Moreover, it seems that the Security Council has risen to the challenge by introducing a strong review mechanism. Though this mechanism cannot exclude all possible conflicts between EU and UN law, it can significantly reduce the risk of divergent decisions. © The Author, 2012. Published by Oxford University Press on behalf of EJIL Ltd. All rights reserved.