Volume 18 (2012)

Volume 18 (2012) / Issue 3

Hayley J. Hooper, 'Liberty before Security: Case T-85/09 Yassin Abdullah Kadi v. Commission (No. 2) [2010] ECR 00000 (30 September 2010)' (2012) 18 European Public Law, Issue 3, pp. 457–470

Abstract

This comment examines the ruling in Yassin Abdullah Kadi v Commission (No. 2) in which the European Union General Court applied the ratio decidendi of the landmark Grand Chamber ruling in Yassin Abdullah Kadi v Commission (No. 1), in a way which intensified the due process protection for those individuals subject to UN Security Council imposed terrorist asset-freezing measures at the behest of the European Union. This comment argues that the decision of the General Court is to be welcomed, especially when read against the jurisprudence of other jurisdictions which addresses the due process implications of the same United Nations Security Council powers.

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ISSN: 1354-3725
ID: EURO2012027