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How Do Judges Cope with Multilevel Regulation?

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Chapter Summary

This chapter proceeds by examining three case studies, pointing out along the way the symptoms of multilevel regulation that have begun to manifest themselves in judicial decision-making. The three case studies emanate from different European Courts. The first case involves, Bosphorus Airways v. Ireland. The Irish Government had denied the aircraft flight clearance for three years pursuant to obligations owed under European Community (EC) Regulation 990/93. The second case study considers the United Kingdom House of Lords judgment in the recent case of Jones v. The Kingdom of Saudi Arabia. The final case study examines the controversial decision of the Court of First Instance (CFI) in the case of Kadi v. Council and Commission, pertaining to measures taken by European governmental institutions to implement UN resolutions that mandated the freezing of the funds of suspected terrorists.

Keywords:Court of First Instance (CFI); European Community (EC) Regulation; multilevel regulation; terrorist threats



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