ABSTRACT

The chapter examines the paragraphs of Kadi I from which the CJEU backtracked in Kadi II and then how the CJEU actually backtracked. The Kadi I judgment of the Court of Justice of the European Union (CJEU) is without doubt one of the most important constitutionally relevant judgments in the history of the Union. Indeed, Kadi I instantly obtained a top place in the hall of fame of European Court of Justice (ECJ) judgments similar to Van Gend & Loos, Costa v. Enel, Simmenthal and Francovich. At the United Nations (UN) level the Security Council understood that it had to improve the listing and de-listing system, otherwise more states would follow the example of refusing to automatically implement UN Security Council Resolutions. However, in Kadi II the CJEU had something different in mind by holding that the General Court was wrong then, the CJEU provided new reasoning with the effect of backtracking.