Volume 17 (2011)

Volume 17 (2011) / Issue 4

Mustafa T. Karayigit, 'The Kadi Case: The Turkish Side of the Implementation Saga of Security Council Resolutions' (2011) 17 European Public Law, Issue 4, pp. 745–767

Abstract

Due to the inadequate fundamental rights protection in the UN legal order, the implementation of Security Council resolutions imposing smart sanctions, which seem irreconcilable with the principles of constitutions and international conventions, raises some legality concerns in the domestic legal systems. Numerous courts have taken various stances toward their implementation depending on their priorities and the place attributed to international law in their domestic legal systems. Having scrutinized the stances of the Turkish courts in comparison with that of the EU courts, the article discusses the spillover effect of the notorious Kadi judgment of the Court of First Instance on that of the Plenary Session of the Administrative Law Divisions of the Council of State.

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ISSN: 1354-3725
ID: EURO2011047