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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

Hogan Lovells—Lisa Quelch

Hogan Lovells—Lisa Quelch

Partner hire strengthens global infrastructure and energy financing practice

Sherrards—Jan Kunstyr

Sherrards—Jan Kunstyr

Legal director bolsters international expertise in dispute resolution team

Muckle LLP—Stacey Brown

Muckle LLP—Stacey Brown

Corporate governance and company law specialist joins the team

NEWS

NOTICE UNDER THE TRUSTEE ACT 1925

HERBERT SMITH STAFF PENSION SCHEME (THE “SCHEME”)

NOTICE TO CREDITORS AND BENEFICIARIES UNDER SECTION 27 OF THE TRUSTEE ACT 1925
Law firm HFW is offering clients lawyers on call for dawn raids, sanctions issues and other regulatory emergencies
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