The Kadi Case - Constitutional Core Values and International Law - Finding the Balance?

Kokott, Juliane; Sobotta, Christoph

doi:10.1093/ejil/chs063

Cited by 81 publications

(21 citation statements)

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“…The Court stated that because Mr. Kadi had not been informed about the grounds for his inclusion in the list of individuals subject to the sanctions, he could not seek judicial review of the said grounds, which resulted in the violation of his rights to be heard, to effective judicial review 54 , and to the right to property 55 . As argued by J. Kokkot and C. Sobotta, "the judgment of the CJEU in Kadi has been associated with a dualist conception of the interplay between the international and the Union legal order" 56 . In this case, the said conception involved the EU and the UN (the Parties of which are all EU Member States).…”

Section: Joint and Sevmentioning

confidence: 99%

Relationship between the EU and NATO on the Example of Data Protection Policy

Zapała

2019

CLR

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The article discusses the problem of the indeterminate defendant in European tort law systems and in the projects aiming to unify tort law in Europe, such as Draft Common Frame of Reference and Principles of European Tort Law. The given issue relates to a situation where there is a damage caused by one factor, yet upon available evidence one may indicate a few potential factors which might have led to the damage, but it cannot be ascertained which factor was the actual cause of it. The problem is addressed with reference to two scenarios. First, when there is a limited and known number of persons acting tortiously, each of whom potentially might have led to the damage, but only one of them had actually caused it. Second, when it is certain that one tortfeasor from the undetermined group of tortfeasors caused damage to some of the injured persons from the group of the injured persons, but it cannot be established precisely which tortfeasor caused damage to precisely which injured person. In comparative law analysis, one may find various attempts to deal with the given issue, which come from the balance of ratios given to different solutions, as well as the legal possibilities or obstacles in national tort law systems. The main possibilities are: all-or-nothing approach, joint and several liability, and proportional liability. Those solutions are discussed in article in more detail with conclusion that the bold proposition of proportional liability presented in Principles of European Tort Law seems to be the most appropriate.

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Section: Joint and Sevmentioning

confidence: 99%

Relationship between the EU and NATO on the Example of Data Protection Policy

Zapała

2019

CLR

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“…The Constitutional Court took inspiration from Kadi I , adopting the same stance on the relationship between the Italian legal system and international law, understood as two separate legal orders. Kadi I has been defined as a dualist decision, and the same should be said of Judgment 238/2014. Advocate General Kokott expressed some doubts as to whether Kadi I was actually dualist in its approach to international law, on account of the fact that the EU, as a non‐party to the UN Charter, is not bound by its terms.…”

Section: Commentmentioning

confidence: 99%

Intimations of Unconstitutionality: The Supremacy of International Law and Judgment 238/2014 of the Italian Constitutional Court

Lando

2015

Modern Law Review

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Judgment 238/2014 of the Italian Constitutional Court reopens the debate on the extent of the immunity enjoyed by states for violations of jus cogens. The decision, which questions the authority of the ICJ's 2012 judgment in Germany v Italy, could certainly have effects on the formation of customary international law. In addition, it revives the discussion on the relationship between national and international law and on the supremacy of the latter over the former, especially if read in light of the previous Medellín and Kadi I decisions. Judgment 238/2014 is an opportunity to reappraise the role played by international law in domestic courts, particularly in cases where international law conflicts with core domestic constitutional values.

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“…From an EU perspective, such accommodation should be possible as long as such standards provide an 'adequate level of protection'. 97 The key challenge here will be to define the core or essential elements of data protection on an international scale. Data protection law contains a number of legal obligations, some of which are central to its nature as a fundamental right while others are not.…”

Section: Iv2 Areas For Eu Actionmentioning

confidence: 99%

The European Union and the Search for an International Data Protection Framework

Kuner¹

2014

GroJIL

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The European Union (EU) has supported the growing calls for the creation of an international legal framework to safeguard data protection rights. At the same time, it has worked to spread its data protection law to other regions, and recent judgments of the Court of Justice of the European Union (CJEU) have reaffirmed the autonomous nature of EU law and the primacy of EU fundamental rights law. The tension between initiatives to create a global data protection framework and the assertion of EU data protection law raises questions about how the EU can best promote data protection on a global level, and about the EU’s responsibilities to third countries that have adopted its system of data protection.

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The Kadi Case - Constitutional Core Values and International Law - Finding the Balance?

Cited by 81 publications

References 0 publications

Relationship between the EU and NATO on the Example of Data Protection Policy

Relationship between the EU and NATO on the Example of Data Protection Policy

Intimations of Unconstitutionality: The Supremacy of International Law and Judgment 238/2014 of the Italian Constitutional Court

The European Union and the Search for an International Data Protection Framework

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