Yusuf and Al Barakaat International Foundation v. Council of the European Union and Commission of the European Communities

In: International law reports, Band 149, S. 167-453

Abstract

167Economics, trade and finance — Economic sanctions — Consequences — European Community law — Implementation in Community law of sanctions imposed by United Nations Security Council — Security Council Resolutions 1267 (1999), 1333 (2000) and 1390 (2002) — Council Regulation (EC) No 881/2002 — Duty to take measures to freeze funds and other financial assets of individuals and entities associated with Usama bin Laden, Al-Qaeda network and Taliban — Designation by Sanctions Committee — Applicants suspected of supporting terrorism — Applicants listed by Sanctions Committee — Applicants listed in Annex I to Regulation — Applicants' funds frozen in European Community — Applicants seeking annulment of Regulation — Whether effects of Regulation to be maintained on applicantsInternational organizations — United Nations — Security Council — Security Council having primary responsibility for maintenance of international peace and security — Threat of international terrorism — Decision under Chapter VII of United Nations Charter — Economic sanctions — Security Council Resolutions 1267 (1999), 1333 (2000) and 1390 (2002) — Sanctions Committee — Listing of applicants — Duty on Member States to implement SCRs — United Nations Charter, Article 25 — Obligation to give effect to decision of Security Council prevailing over other international obligations — United Nations Charter, Article 103International organizations — European Community — Implementation of sanctions imposed by United Nations Security Council — Security Council Resolutions 1267 (1999), 1333 (2000) and 1390 (2002) — Council Regulation (EC) No 881/2002 giving effect to SCRs in Community — Whether Community having competence to adopt Council Regulation — Legal basis of Regulation — Whether Articles 60 and 301 of European Community Treaty appropriate and sufficient legal basis — Whether Article 308 of EC Treaty providing legal basis — Whether Community act applying generally — Whether infringement of Article 249 of EC Treaty — EC Treaty constitutional principles — Requirement that Community acts respect fundamental rights — Listing of applicants in Annex I of Regulation — Whether Regulation breaching fundamental rights of applicants — Validity of RegulationRelationship of international law and municipal law — 168United Nations — United Nations Charter — European Community — EC Treaty — Relationship between international legal order under United Nations and internal and autonomous Community legal order — Community act intending to give effect to international law obligations — Regulation implementing Resolution adopted by Security Council under Chapter VII of United Nations Charter — Whether Community judicature excluded in principle from judicially reviewing Community act in light of fundamental freedoms — Judicial review being constitutional guarantee forming part of foundations of Community — Whether international agreement affecting allocated powers or legal autonomy of European Community — United Nations Charter, Article 103International tribunals — Court of Justice of the European Communities — Judicial review of acts of Community institutions — EC Treaty constitutional principles — Requirement that Community acts respect fundamental rights — Whether act reviewable — Standard of review — Whether Court of Justice having authority to review Community act giving effect to United Nations Security Council Resolutions — Whether Court thereby reviewing Resolutions — Whether basis in EC Treaty for immunity from jurisdiction for Regulation — Whether Regulation lawfulHuman rights — Rights of defence — Right to be heard — Right to effective judicial review — Right to property — Whether restrictions justified — Principle of proportionality — Guidelines provided by international human rights instruments in which Member States of European Community involved — European Convention on Human Rights — Whether United Nations sanctions system adequately protecting fundamental rights — Nature and effect of restrictive measures on applicants — Whether infringement of applicants' fundamental rightsTerrorism — Threat of international terrorism — Maintenance of international peace and security — Security Council — Chapter VII of United Nations Charter — Security Council Resolutions — Economic sanctions — Enforcement — Freezing funds in fight against terrorism — Whether inappropriate or disproportionate — Whether annulment of EC Regulation with immediate effect capable of seriously and irreversibly prejudicing 169effectiveness of measures — Whether judicial review disrupting United Nations sanctions system — The law of the European Community