Kadi and Al Barakaat v Council of the European Union and Commission of the European Communities: the incompatibility of the United Nations Security Council's 1267 sanctions regime with European due process guarantees

This case note first introduces the UN Security Council's 1267 sanctions regime, which lies at the heart of the case in question. It draws particular attention to the 1267 sanctions regime's listing and delisting procedure and its inherent due process problems. The case note then focuses on the implementation of the 1267 sanctions regime within the EU and discuss challenges to this implementation before the CFI. The CFI handed down its decisions in Kadi5 and Yusuf6 in September 2005. These decisions were appealed to the ECJ.7 During the appeal process the EU Advocate General issued two (nearly identical) opinions in January 2008, which critically reviewed the CFI judgments. These will be the subject of examination in a following section. Finally, the case note will address the key findings of the ECJ's decision and briefly discuss the judgment's significance, both as far as legal and political implications are concerned.