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From Bilateralism to Community InterestEssays in Honour of Bruno Simma$
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Ulrich Fastenrath, Rudolf Geiger, Daniel-Erasmus Khan, Andreas Paulus, Sabine von Schorlemer, and Christoph Vedder

Print publication date: 2011

Print ISBN-13: 9780199588817

Published to Oxford Scholarship Online: May 2011

DOI: 10.1093/acprof:oso/9780199588817.001.0001

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Does the European Court of Justice keep the Balance between Individual and Community Interest in Kadi?

Does the European Court of Justice keep the Balance between Individual and Community Interest in Kadi?

Chapter:
(p.1118) Does the European Court of Justice keep the Balance between Individual and Community Interest in Kadi?
Source:
From Bilateralism to Community Interest
Author(s):

Rudolf Streinz

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199588817.003.0069

This chapter focuses on whether the ECJ has kept the balance between the individual's interest in human rights protection and the community interest to fight against international terrorism, bearing in mind that at the end of the day either interest is of concern to both the individual and the community. It argues that the ECJ in Kadi struck a proper balance between the nature of the security risk and the extent to which an encroachment on human rights can be justified, and outlined the procedure which must be observed when doing so. It struck the balance between security concerns as public interests and human rights as individual interests. The case demonstrates, however, the problem of combining the legal requirements of different levels.

Keywords:   ECJ, human rights protection, community interest, international terrorism, actio popularis, enforcement

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