塔迪案判决对欧盟及其成员国国际义务的影响.pdfVIP

The Impact of the Kadi Judgment on the International Obligations of the EC Member States and the EC * Dr Nikolaos Lavranos, LL M I. Introduction 1 The main aim of this contribution is to explore the impact of the ECJ’s Kadi judgment on the international obligations of EC Member States and the EC/EU. More specifically, the focus will be on Article 307 EC, which states that rights and obligations of the EC Member States arising out of pre-accession international agreements shall not be affected by the EC Treaty. This provision has been construed by some EC Member States as allowing them to deviate from their EC law obligations, notably, fundamental rights obligations, in order to fulfil their obligations arising out of UN Security Council resolutions. * Max Weber Fellow (2008-2009), European University Institute, Florence, Italy; Dr. iur, LL.M. 1 ECJ Case C-402/05 P, Kadi [2008] ECR I-6351. See, for a selection of commentaries on the Kadi judgment, G Harpaz, ‘Judicial Review by the ECJ of UN “smart sanctions” against terror’, (2009) European Foreign Affairs Review 65–88; T Tridimas and J Guitierrez-Fons, ‘EU law, International law and economic sanctions against terrorism: The Judiciary in distress?’, Fordham International Law Journal (2009) 660–730; T Tridimas, ‘Terrorism and the ECJ: The Empowerment and democracy in the EC legal order’ (2009) European Law Review 103– 126; N Lavranos, Case-note on Kadi (2009) Legal Issues of Economic Integration 157– 183; A Gattini, Case-note on Kadi (2009) CMLR 213–239; S Heun-Rehn, ‘Kadi und Al Barakaat—Der EuGH, die Gemeinschaft und das Völkerrecht’ (2008