International Law Keyed to Damrosche
Kadi v. Council and Commission
The U.N. Security Council imposed sanctions under Chapter VII of the U.N. Charter against individuals and entities allegedly associated with Osama bin Laden, the Al Qaeda network and the Taliban in its effort to fight terrorism. A list of alleged offenders was compiled by the U.N. Sanctions Committee and sanctions included freezing such persons and entities assets.To give effect to the Security Council resolutions, the Council of the European Union (P) adopted a regulation ordering the freezing of the assets of those on the list, which included Yassin Abdullah Kadi (D), a resident of Saudi Arabia, and Al Barakaat International Foundation (D). The defendants began proceeding in the Court of First Instance (CFI) and requested annulment of the Council regulations on the ground that the regulation infringed several of their fundamental rights which included the right to respect for property, the right to be heard before a court of law and the right to effective judicial review.All claims of the defendants was rejected by the CFI, but confirmed the validity of the regulation, ruling specifically that it had no jurisdiction to review the validity of the contested regulation and indirectly, the validity of the relevant Security Council resolution, except in respect of jus cogens norms. Kadi (D) and Al Barakaat (D) appealed this judgment.
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