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9 Emergencies, Crises and Threats in the EU: What Role for the Court of Justice of the European Union?

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Chapter Summary

The CJEU has rarely dealt with the legality of measures taken by the EU or its Member States to respond to an emergency situation, whether it is caused by a natural phenomenon or a human activity. This chapter assesses the influence that the Court has exercised on the EU, its Member States and private parties in the management of the emergency, the crisis and the threat. Then it assesses what is the role that the CJEU sets for itself in McDonagh, Kadi and Pringle in examining the legality of measures taken to address a situation of emergency following a natural phenomenon such as the eruption of a volcano, the threat of terrorism and the euro crisis. The chapter looks at the CJEU ruling in Kadi II in detail to appreciate the extent to which the CJEU influences the management of EU counter terrorism action.

Keywords: CJEU; EU counter terrorism action; EU member states; euro crisis; Kadi and Pringle; McDonagh



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