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Publishers Abstract:
The decisions of the European Court of Justice in cases 'Ahmed Ali Yusuf and Al Barakaat International Foundation v. Council and Commission' and 'Yassin Abdullah Kadi v. Council and Commission' are discussed. The Court of First Instance has taken a courageous step forward in acknowledging the primacy of the UN system over the Community legal order. This was certainly not easy for judges who are accustomed to discarding any objections from the domestic level of the 25 Member States as being irrelevant. In principle, the configuration thus attained is a well-balanced construction, suited to foster international cooperation within a homogeneous world order system. At the same time, the reservation regarding human rights demanding respect as jus cogens deserves full approval. Realistically speaking, however, this reservation is devoid of any actual substance. One could hardly imagine the Security Council ordering the commission of international crimes or other human rights violations of the same gravity. In fact, the reviewed judgments show that the Court did not confine its assessment to jus cogens proper, but resorted to applying to their full extent the standards evolved in the practice of the Community's judicial bodies.
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