ABSTRACT
This chapter examines the potential implications of Kadi II judgment of the CJEU for the principle of judicial review of EU legislation enacted in support of UN Security Council resolutions. It focuses upon three strands of the judgment: The applicable standard of review; the requisite threshold of evidentiary substantiation for compliance with the right to a fair trial; and, the implications of the judgment for future judicial review, particularly in light of the previous judgments in the proceedings and the judgment of the European Court of Human Rights in Nada. The chapter appraises the consequences of the judgment for the long-running debate between the General Court of the EU, the CJEU, and certain EU member states concerning judicial review by the EU judiciary. While the complexity of the proceedings necessarily inhibits prediction, this chapter suggests that the terms of judicial review set by the CJEU paradoxically may reduce the likelihood of future cases of review.
