ABSTRACT

This chapter examines the Kadi case from the perspective of judicial dialogue. It focuses on the relationship between the Court of Justice of the European Union (CJEU) and the, (ECtHR) and explains how the dialogue between two of Europe’s most powerful and prestigious courts. The chapter argues that the CJEU and the ECtHR have been influencing each other, and that their interaction, under the looming accession of the EU to the ECHR, has been instrumental to ensure the effectiveness of the protection of due process standards in the European multilevel human rights architecture. The Kadi case law has been at the crossroads of many scholarly analyses. Academics have investigated the question of the powers of the United Nations (UN) Security Council and the autonomy of the European Union (EU) legal order vis-à-vis international law. Chinese Journal of International Law contributes better balance between due process rights and national security in the global fight against terrorism.