Resumen de Being bound

Niamh Nic Shuibhne

• On July 18, 2013, the Court of Justice decided the Kadi II case, dismissing appeals against the judgment of General Court. The appeal judgment makes a critical contribution on the intensity of judicial review that should be applied when assessing Union measures that implement UN sanctions. The Security Council resolutions at issue relate to the freezing of assets of organisations, entities and persons identified by the Sanctions Committee on a consolidated list, given effect to by EU measures for relevant individuals. Kadi II concerned the re-listing of Mr Kadi after the judgment in Kadi I. In the earlier case, the Court stated that Union measures implementing UN resolutions were subject to "in principle full review" (Kadi I, [326]). In Kadi II, A.G. Bot observed that "the fight against terrorism cannot lead democracies to abandon or deny their founding principles, which include the rule of law. However, it does cause them to make the changes to them that the preservation of the rule of law requires". Locating the proper coordinates of that balance is an acute current problem in the making of law.