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.”
