ABSTRACT
This chapter develops an intuition by Gattini, according to whom Kadi would be a direct, if late, offspring of the Van Gend en Loos and Costa/Enel jurisprudence. Andrea Gattini, Joined Cases, Yassin Abdullah Kadi, Al Barakaat International Foundation v. Council and Commission, Judgment of the Grand Chamber of 3 September 2008 (2009). Common Market Law Review Starts from this idea and on the occasion of the 50th anniversary of Van Gend en Loos. The chapter aims to make a comparison between Van Gend en Loos and Kadi II taken as emblematic of two different stages of the EU constitutionalization process. The principle of autonomy of EU law see Ren Barents, The Autonomy of Community Law and by the attention paid to the individual, conceived as the holder of a set of rights stemming from European sources. In order to develop a comparison between these two decisions, this chapter is based on the distinction between definition and identification.
