An Unsteady Middle Ground: Joined Cases C-584/10 P, C-593/10 P and C-595/10 P Commission and United Kingdom versus Yassin Abdullah Kadi (No. 2) [2013] ECR 00000 (18 July 2013)

Abstract:

The decision of the Grand Chamber of the Court of Justice of the European Union (CJEU) in Commission and United Kingdom v. Kadi (No. 2) is important in several respects. First of all, it represents the first opportunity of the Grand Chamber to clarify the meaning of key passages in their landmark ruling in C-402/05 P and C-415/05 Yassin Abdullah Kadi v. Commission (No. 1) relating to terrorist asset-freezing measures pursuant to United Nations Security Council Measures. Second, it reasserts the CJEU's position that Regulations implementing United Nations Measures are not immune from the jurisdiction of the European judicature. This comment takes the view that the judgment takes an appropriate line between legal principle and pragmatism, but nonetheless important questions remain unanswered about the future of balancing security sensitive information with the rights of the defence and the right to effective judicial protection in EU law.