Position of the UN Security Council Resolutions in the Legal Order of the European Union
Position of the UN Security Council Resolutions in the Legal Order of the European Union

Summary/Abstract: This paper deals with the position of the Security Council decisions in the legal order of the European Union. With the so called smart sanctions of the Security Council problems have appeared in the EU, regarding the violations of human rights of the persons enlisted and accused for terrorism. A balance had to be found between the constitutional values of human rights protection and effective international measures in the fight against terrorism. The Court of of Justice of the European Communities has exclusive jurisdiction that safeguards constitutional principles of the EU. The EU’s own power is based upon the rule of law and it can act only within the limits of the legal framework In the Yusuf and Kadi cases, the Court has focused on the implementing measure of a Security Council resolution and its compliance with the internal constitutional order of the EC at that time. It annulled the Regulation which implemented resolution but it made no reference to principles of international law or to the United Nations. The Court in the second Kadi case – Kadi II affirmed that it will continue to review EU listings implementing strict Security Council obligations in the case of lack of equivalent control at UN level. It insisted on a rather strict standard of review of such listings, and it undertook a substantive review of the reasons for listing offered by the EU.

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