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Kadi II
''Commission and Others v Kadi'' (fully ''European Commission and Others v Yassin Abdullah Kadi'', C-584/10 P, judgment ECLI:EU:C:2013:518) was a case in the European Court of Justice, an appeal from the earlier case ''Kadi v Commission'' (T-85/09) in the General Court. The Court of Justice, by dismissing the appeal, confirmed the General Court’s annulment of restrictive measures directed against Yassin Kadi. The case, known as ''Kadi II'', was a sequel to the case ''Kadi I'', in which Council regulations based on United Nations Security Council The United Nations Security Council (UNSC) is one of the Organs of the United Nations, six principal organs of the United Nations (UN) and is charged with ensuring international security, international peace and security, recommending the admi ... decisions were reviewed under EU human rights standards and consequently annulled. ReferencesCURIA - List of results {{EU-law-stub Court of Justice of the European Union case law ...
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European Court Of Justice
The European Court of Justice (ECJ, french: Cour de Justice européenne), formally just the Court of Justice, is the supreme court of the European Union in matters of European Union law. As a part of the Court of Justice of the European Union, it is tasked with interpreting EU law and ensuring its uniform application across all EU member states under Article 263 of the Treaty of the Functioning of the European Union (TFEU). The Court was established in 1952, and is based in Luxembourg. It is composed of one judge per member state – currently – although it normally hears cases in panels of three, five or fifteen judges. The Court has been led by president Koen Lenaerts since 2015. The ECJ is the highest court of the European Union in matters of Union law, but not national law. It is not possible to appeal against the decisions of national courts in the ECJ, but rather national courts refer questions of EU law to the ECJ. However, it is ultimately for the national court ...
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General Court (European Union)
The General Court, informally known as the European General Court (EGC), is a constituent court of the Court of Justice of the European Union. It hears actions taken against the institutions of the European Union by individuals and member states, although certain matters are reserved for the European Court of Justice. Decisions of the General Court can be appealed to the Court of Justice, but only on a point of law. Prior to the coming into force of the Lisbon Treaty on 1 December 2009, it was known as the Court of First Instance. Competence The General Court hears disputes (such as those by persons who have been refused a trade mark by EUIPO, the EU Trade Mark and designs registry). The creation of the General Court instituted a judicial system based on two levels of jurisdiction: all cases heard at first instance by the General Court may be subject to a right of appeal to the Court of Justice on points of law only. In view of the increasing number of cases brought before t ...
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Yassin Kadi
Yassin Abdullah Kadi (also transliterated from Arabic as Yasin Abdullah Ezzedine al-Qadi or Yasin A. Kahdi) (born 23 February 1955) is a Saudi Arabian businessman.Gerth, Jeff and Judith Miller, New York Times, 13 October 2001 A multi-millionaire from Jeddah, Kadi trained as an architect in Chicago, Illinois.Jackson, David et al.U.S.: Money Trail Leads to Saudi" Chicago Tribune, 29 October 2001 He is the son-in-law of Sheikh Ahmed Salah Jamjoom, a former Saudi Arabian government minister with close ties to the Saudi royal family.Blackburn, Chris Secular Voice of Bangladesh website Simpson, Glenn R.Well Connected, A Saudi Mogul Skirts Sanctions" Wall Street Journal, 29 August 2007Who's Who in the Arab World: 1981-1982 (University of Michigan: Publitec, 1981) p. 820 The UN placed sanctions against Kadi in 1999 and 2000, when he was named by United Nations Security Council Resolutions 1267 and 1333 as a suspected associate of Osama bin Laden's terror network, al-Qaeda. On 12 October ...
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Kadi I
''Kadi and Al Barakaat International Foundation v Council and Commission'' (2008) C-402/05 is a case concerning the hierarchy between international law and the general principles of EU law. It is also known as ''Kadi I'' to distinguish from a later related case, ''Kadi II'' (2013). Facts Mr Kadi, a Saudi resident with assets in Sweden, and Al Barakaat, a charity for Somali refugees, claimed that the freezing of their assets was unlawful. The seizures occurred without any court hearing, right of redress or allegation of wrongdoing. The UN Security Council had adopted resolutions under Chapter VII to freeze assets of people and groups associated with the Taliban and Osama bin Laden. The EU adopted regulations to give effect to which Sweden gave effect. The claimants were named in the resolution and the regulation. They claimed that the regulation should be annulled under TFEU Article 263 and was a breach of human rights. Judgment Advocate General Opinion In the Opinion of A ...
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Council Regulation
A regulation is a legal act of the European Union that becomes immediately enforceable as law in all member states simultaneously. Regulations can be distinguished from directives which, at least in principle, need to be transposed into national law. Regulations can be adopted by means of a variety of legislative procedures depending on their subject matter. Description The description of regulations can be found in Article 288 of the Treaty on the Functioning of the European Union (formerly Article 249 TEC). Article 288 To exercise the Union's competences, the institutions shall adopt regulations, directives, decisions, recommendations and opinions. A regulation shall have general application. It shall be binding in its entirety and directly applicable in all Member States. A directive shall be binding, as to the result to be achieved, upon each Member State to which it is addressed, but shall leave to the national authorities the choice of form and methods. A decision ...
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United Nations Security Council
The United Nations Security Council (UNSC) is one of the Organs of the United Nations, six principal organs of the United Nations (UN) and is charged with ensuring international security, international peace and security, recommending the admission of new UN members to the United Nations General Assembly, General Assembly, and approving any changes to the UN Charter. Its powers include establishing peacekeeping operations, enacting international sanctions, and authorizing military action. The UNSC is the only UN body with the authority to issue binding United Nations Security Council resolution, resolutions on member states. Like the UN as a whole, the Security Council was created after World War II to address the failings of the League of Nations in maintaining world peace. It held its first session on 17 January 1946 but was largely paralyzed in the following decades by the Cold War between the United States and the Soviet Union (and their allies). Nevertheless, it authorized ...
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