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Human Rights before Security in Kadi and Beyond

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Chapter Summary

The case of Yassin Abdullah Kadi v European Commission (Kadi II) before the Court of Justice of the European Union (CJEU) arguably constitutes the culmination of a development whereby the CJEU has managed to achieve the superposition of respect for human rights over concerns for international security in the international hierarchy of norms. The ingenious technique the CJEU has used to succeed in this perhaps initially seemingly futile endeavour is accounted in this chapter. The chapter highlights important passages in Kadi II through which the CJEU reaffirmed the principled position it took in Kadi I. Whereas there remains some doubts after Kadi I as to the degree of determination in the attitude of the CJEU towards the relationship between international security and other concerns, among them human rights, no such doubts remain after Kadi II. Finally, the chapter discusses the consequences for international law of the European legal developments.

Keywords: CJEU; European Commission (Kadi II); European legal developments; human rights; international law; Yassin Abdullah Kadi



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