The Implementation of UN Security Council Resolutions Imposing Economic Sanctions in the EU/EC Legal System: Interpillar Issues and Judicial Review

2009 ◽  
Author(s):  
Paola Mariani
Keyword(s):  
Security Council ◽  
Legal System ◽  
Judicial Review ◽  
Economic Sanctions ◽  
Un Security Council ◽  
The Eu

Judicial Review of Measures Implementing Security Council Resolutions: The Relevance of the EU Principle of Loyal Cooperation

2013 ◽  
Vol 15 ◽  
pp. 669-697
Author(s):  
Eva Nanopoulos
Keyword(s):  
United Nations ◽  
Security Council ◽  
Judicial Review ◽  
Un Security Council ◽  
The Eu

AbstractIn recent years, the question of whether, and to what extent, measures implementing United Nations (UN) Security Council Resolutions can be subject to judicial review has stirred heated debates. This contribution takes a fresh look at the question in the context of the EU’s implementation of a series of Security Council Resolutions relating to the fight against terrorism using the well-established EU principle of loyal cooperation. It suggests that the principle could play a role in determining the appropriate standard and intensity of judicial review, and considers the value of approaching the question in that way.

Judicial Review of Measures Implementing Security Council Resolutions: The Relevance of the EU Principle of Loyal Cooperation

2013 ◽  
Vol 15 ◽  
pp. 669-697
Author(s):  
Eva Nanopoulos
Keyword(s):  
United Nations ◽  
Security Council ◽  
Judicial Review ◽  
Un Security Council ◽  
The Eu

AbstractIn recent years, the question of whether, and to what extent, measures implementing United Nations (UN) Security Council Resolutions can be subject to judicial review has stirred heated debates. This contribution takes a fresh look at the question in the context of the EU’s implementation of a series of Security Council Resolutions relating to the fight against terrorism using the well-established EU principle of loyal cooperation. It suggests that the principle could play a role in determining the appropriate standard and intensity of judicial review, and considers the value of approaching the question in that way.

Beyond Chapter VIII: Limits and Opportunities for Regional Representation at the UN security Council

2010 ◽  
Vol 7 (1) ◽  
pp. 149-169 ◽  
Author(s):  
Edith Drieskens
Keyword(s):  
Decision Making ◽  
European Union ◽  
United Nations ◽  
Security Council ◽  
Theory And Practice ◽  
Security Council Resolution ◽  
Eu Member States ◽  
Un Security Council ◽  
The Eu

AbstractZooming in on the serving European Union (EU) Member States and exploring the legal parameters defining regional actorness both directly and indirectly, this article analyzes the EU's representation at the United Nations (UN) Security Council. Looking at the theory and practice behind Articles 52, 23 and 103 of the UN Charter, we shed fresh light on the only provision in the European Treaties that explicitly referred to the UN Security Council, i.e. the former Article 19 of the EU Treaty. We define that provision as a regional interpretation of Article 103 of the UN Charter and discuss its implementation in day-to-day decision-making, especially as for economic and financial sanctions measures. Hereby, we focus on the negotiations leading to UN Security Council Resolution 1822(2008).

14. Review of Legality:

2015 ◽  
Author(s):  
Paul Craig ◽  
Gráinne de Búrca
Keyword(s):  
European Union ◽  
Legal System ◽  
Judicial Review ◽  
Time Limit ◽  
Access To Justice ◽  
The European Union ◽  
Treaty Provision ◽  
The Eu ◽  
Academic Debate ◽  
Do So

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. The EU develops policy through regulations, directives, and decisions. Any developed legal system must have a mechanism for testing the legality of such measures. This chapter focuses on access to justice and review of legality by the EU Courts. There are a number of ways in which EU norms can be challenged, but the principal Treaty provision is Article 263 of the Treaty on the Functioning of the European Union (ex Article 230 EC). Five conditions must be satisfied before an act can successfully be challenged: (i) the relevant body must be amenable to judicial review; (ii) the act has to be of a kind that is open to challenge; (iii) the institution or person making the challenge must have standing to do so; (iv) there must be illegality of a type mentioned in Article 263(2); and (v) the challenge must be brought within the time limit indicated in Article 263(6).

EUNAVFOR MED: FIGHTING MIGRANT SMUGGLING UNDER UN SECURITY COUNCIL RESOLUTION 2240 (2015)

2016 ◽  
Vol 25 (1) ◽  
pp. 19-54
Author(s):  
Marco Gestri
Keyword(s):  
Security Council ◽  
The European Union ◽  
Central Mediterranean ◽  
Un Security Council ◽  
Migrant Smuggling ◽  
Migration Crisis ◽  
Human Tragedy ◽  
Management Operation ◽  
The Eu ◽  
High Seas

To face the extraordinary migration crisis and consequent human tragedy in the Mediterranean, the need has emerged to fight human smugglers and traffickers. The European Union (EU) has launched EUNAVFOR MED, a naval crisis management operation aiming to disrupt the business model of human smuggling in the Central Mediterranean. With Resolution 2240 of 9 October 2015, the UN Security Council, acting under Chapter VII of the Charter, authorised the EU operation to undertake “all measures commensurate to the circumstances” in order to visit, seize, and dispose of vessels used by smugglers. The EU operation is currently limited to the high seas, yet its expansion into Libyan waters and territory is envisaged. This article discusses some issues arising from Resolution 2240 and its implementation by the EU, notably from the viewpoint of the international law of the sea, the rules governing the use of force and human rights law. Problems have also emerged as to the prosecution in Italy of the smugglers apprehended on the high seas. It is submitted that a number of issues have not been clarified by the legal texts adopted and that the action of the EU in this field is still ineffective and rather opaque.

scholarly journals BOSNIA AND HERZEGOVINA FACES THE EXISTENTIAL THREAT: TIME TO STOP SEPARATISM

2021 ◽  
Author(s):  
Teoman Ertuğrul Tulun
Keyword(s):  
Bosnia And Herzegovina ◽  
Security Council ◽  
Critical Time ◽  
Un Security Council ◽  
The Usa ◽  
The Russian Federation ◽  
The Government ◽  
The One ◽  
Republika Srpska ◽  
The Eu

AVİM, for some time, has been drawing attention for developments in Bosnia and Herzegovina (BiH) that threaten the country's sovereignty and territorial integrity. Confirming this foresight, the High Representative of Bosnia and Herzegovina in the report he has recently presented to the UN Secretary General stated the view that BiH is in imminent danger of breaking apart, and there is a very real prospect of a return to conflict. During the UN Security Council UNSC) debate, the representative of the USA expressed concern over Milorad Dodik statements indicating an intention to withdraw Republika Srpska entirely from the Government and described this move as a dangerous path for Bosnia and Herzegovina and the wider region. The Russian Federation (RF) insisted on the closure of the Office of the High Representative and openly declaresd that RF does not recognize the new High Representative. In the UNSC debate, Croatian representative made a "revisionist" statement, while the Serbian representative expressed balanced and careful views. Croatia was supported by the EU Delegation. The declaration of support by the EU for Croatia has a content that could lead to a dangerous path to the more revisionist developments in BiH. It is difficult to say that it is appropriate for the EU to make such a statement supporting the one constituent people at such a critical time. Bosniaks, one of the constituent and the most populous peoples of Bosnia and Herzegovina, were left without support and alone in the Security Council. At this critical juncture, Turkey, as a member of the Steering Board of the Peace Implementation Council, seems to be the only country that can show its support to the Bosniaks, reveal the EU's inaction and its partisan position in BiH, and not give an opportunity to those who want to drive the Bosniaks into the corner.

4 Legal Acts, 4.5 Case T-315/01, Yassin Abdullah Kadi v Council of the European Union and Commission of the European Communities, 21 September 2005, [2005] ECR II-3649 (Kadi I CFI); Cases C-402/05 P and C-415/05 P, Yassin Abdullah Kadi and Al Barakaat International Foundation v Council and Commission , Court of Justice of the EC [2008] ECR I-6351 (Kadi I ECJ); Case T-85/09, Kadi v Commission [2010] ECR II-5177 (Kadi II GCEU); Joined Cases C-584/10 P, C-593/10 P and C-595/10 P, Commission and United Kingdom v Kadi , Judgment of the Court (Grand Chamber) of 18 July 2013 (Kadi II CJEU)

2016 ◽  
Author(s):  
Tzanakopoulos Antonios
Keyword(s):  
Security Council ◽  
Legal Order ◽  
The European Union ◽  
Eu Member States ◽  
Court Of Justice ◽  
Un Security Council ◽  
Grand Chamber ◽  
Relationship Of ◽  
The Relationship ◽  
The Eu

This casenote reviews and discusses the series of decisions regarding sanctions imposed by the UN Security Council against Yassin Abdullah Kadi, as implemented in the EU legal order. In this series of cases, the EU Courts at different times take different positions regarding the relationship of the UN and the EU legal order, as well as their power to review EU acts implementing Security Council sanctions and (indirectly) the sanctions themselves. The series of cases marks a watershed moment in UN Security Council targeted sanctions, forcing EU member states to disobey them and eventually leading to the creation and strengthening of an internal UN review mechanism, the Office of the Ombudsperson.

Migration will shape Eritrea's foreign relations

2016 ◽  
Keyword(s):  
Human Rights ◽  
Security Council ◽  
Foreign Relations ◽  
Large Scale ◽  
Content Type ◽  
Human Rights Abuses ◽  
Un Security Council ◽  
The Eu

Significance Large-scale emigrations of Eritreans factor into Asmara's foreign relations. Eritrean migration is more than a humanitarian concern; it is shaping relationships with the EU and neighbouring states. Impacts Anti-migration funding may strengthen Eritrean-Sudanese relations but increase tensions with Ethiopia. Additional reports of human rights abuses could deter European support, but immigration concerns may take precedence. Ethiopia's election to the UN Security Council will restrict any progress Asmara hopes to make within the UN.

The UN, the EU, and the Kadi Case: A New Appeal for Genuine Institutional Cooperation

2016 ◽  
Vol 17 (2) ◽  
pp. 153-178 ◽  
Author(s):  
Matej Avbelj ◽  
David Roth-Isigkeit
Keyword(s):  
Security Council ◽  
Theoretical Perspective ◽  
Political Systems ◽  
Institutional Power ◽  
Court Of Justice ◽  
Depth Analysis ◽  
Mutual Advantage ◽  
Un Security Council ◽  
Institutional Cooperation ◽  
The Eu

While the Kadi affair has attracted a lot of attention, this Article approaches it from a rarely used contextual theoretical perspective of resolving institutional conflicts through reflexive sincere cooperation. The argument is short and simple: The institutional relationship between the EU judiciary and the UN Security Council should have been conducted not in strategic-pragmatic terms motivated by institutional power-plays, but rather by genuine pluralist institutional cooperation. The argument is preceded by an in-depth analysis of the theoretical and concrete practical shortcomings stemming from the lack of institutional cooperation between the UN and the EU in the Kadi affair. These shortcomings were not inevitable, as the EU and the UN legal and political systems are already connected with a whole set of bridging mechanisms. These should be, however, strengthened and their use should be made more common. In order to achieve that, the Article suggests an amendment to the Statute of the Court of Justice of the EU and further improvement of the safeguards in the UN Security Council sanctioning mechanisms procedures. There is no dilemma: Enhanced institutional cooperation between the institutions of the two systems will work to their mutual advantage as well as, most importantly, maintain the rights and liberties of individuals like Kadi.

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