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Yusuf and Al Barakaat International Foundation v. Council of the European Union and Commission of the European Communities

Court of First Instance of the European Communities see also General Court of the European Union.  21 September 2005 ; 03 September 2008 ; 30 September 2010 .

Published online by Cambridge University Press:  01 January 2021

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Abstract

Economics, trade and finance — Economic sanctions — Consequences — European Community law — Implementation in Community law of sanctions imposed by United Nations Security Council — Security Council Resolutions 1267 (1999), 1333 (2000) and 1390 (2002) — Council Regulation (EC) No 881/2002 — Duty to take measures to freeze funds and other financial assets of individuals and entities associated with Usama bin Laden, Al-Qaeda network and Taliban — Designation by Sanctions Committee — Applicants suspected of supporting terrorism — Applicants listed by Sanctions Committee — Applicants listed in Annex I to Regulation — Applicants’ funds frozen in European Community — Applicants seeking annulment of Regulation — Whether effects of Regulation to be maintained on applicants

International organizations — United Nations — Security Council — Security Council having primary responsibility for maintenance of international peace and security — Threat of international terrorism — Decision under Chapter VII of United Nations Charter — Economic sanctions — Security Council Resolutions 1267 (1999), 1333 (2000) and 1390 (2002) — Sanctions Committee — Listing of applicants — Duty on Member States to implement SCRs — United Nations Charter, Article 25 — Obligation to give effect to decision of Security Council prevailing over other international obligations — United Nations Charter, Article 103

International organizations — European Community — Implementation of sanctions imposed by United Nations Security Council — Security Council Resolutions 1267 (1999), 1333 (2000) and 1390 (2002) — Council Regulation (EC) No 881/2002 giving effect to SCRs in Community — Whether Community having competence to adopt Council Regulation — Legal basis of Regulation — Whether Articles 60 and 301 of European Community Treaty appropriate and sufficient legal basis — Whether Article 308 of EC Treaty providing legal basis — Whether Community act applying generally — Whether infringement of Article 249 of EC Treaty — EC Treaty constitutional principles — Requirement that Community acts respect fundamental rights — Listing of applicants in Annex I of Regulation — Whether Regulation breaching fundamental rights of applicants — Validity of Regulation

Relationship of international law and municipal law — United Nations — United Nations Charter — European Community — EC Treaty — Relationship between international legal order under United Nations and internal and autonomous Community legal order — Community act intending to give effect to international law obligations — Regulation implementing Resolution adopted by Security Council under Chapter VII of United Nations Charter — Whether Community judicature excluded in principle from judicially reviewing Community act in light of fundamental freedoms — Judicial review being constitutional guarantee forming part of foundations of Community — Whether international agreement affecting allocated powers or legal autonomy of European Community — United Nations Charter, Article 103

International tribunals — Court of Justice of the European Communities — Judicial review of acts of Community institutions — EC Treaty constitutional principles — Requirement that Community acts respect fundamental rights — Whether act reviewable — Standard of review — Whether Court of Justice having authority to review Community act giving effect to United Nations Security Council Resolutions — Whether Court thereby reviewing Resolutions — Whether basis in EC Treaty for immunity from jurisdiction for Regulation — Whether Regulation lawful

Human rights — Rights of defence — Right to be heard — Right to effective judicial review — Right to property — Whether restrictions justified — Principle of proportionality — Guidelines provided by international human rights instruments in which Member States of European Community involved — European Convention on Human Rights — Whether United Nations sanctions system adequately protecting fundamental rights — Nature and effect of restrictive measures on applicants — Whether infringement of applicants’ fundamental rights

Terrorism — Threat of international terrorism — Maintenance of international peace and security — Security Council — Chapter VII of United Nations Charter — Security Council Resolutions — Economic sanctions — Enforcement — Freezing funds in fight against terrorism — Whether inappropriate or disproportionate — Whether annulment of EC Regulation with immediate effect capable of seriously and irreversibly prejudicing effectiveness of measures — Whether judicial review disrupting United Nations sanctions system — The law of the European Community

Type
Case Report
Copyright
© Cambridge University Press 2012

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