Fundamental rights in the EU after Kadi and Al Barakaat |
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| Authors: | N. Türküler Isiksel |
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| Affiliation: | 1. Columbia University;2. Assistant Professor of Political Science, Columbia University;3. Jean Monnet Fellow, Robert Schuman Centre for Advanced Studies, European University Institute. I am grateful to Gráinne de Búrca for providing me with an early draft of her inspiring essay, ‘The European Court of Justice and the International Legal Order after Kadi’, and for patiently entertaining my questions and comments. I would also like to thank Rachel Cichowski, Martin Staniland and the anonymous reviewers of the European Law Journal for their helpful comments on drafts of this article. |
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| Abstract: | This article takes stock of the emerging scholarship on the European Court of Justice's 2008 Kadi decision and seeks to make sense of the court's apparent evasiveness towards international law. The article argues that Kadi is best understood as an act of civil disobedience prompted by the UN Security Council's misapplication of foundational principles of the international order. In turn, the court's forceful articulation of the stakes in this case signals a prioritisation of basic rights within the supranational constitutional architectonic. In this respect, the ‘domestic’ constitutional implications of Kadi are just as far reaching as its consequences for the EU's status as an actor under international law. |
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