Terrorism and the ECJ: Empowerment and Democracy in the EC Legal Order

In its judgment in Kadi & Al Barakaat International Foundation v Council (C-402/05 P & C-415/05 P) Not yet reported September 3, 2008, the ECJ held that the Community has competence to adopt economic sanctions not only against states but also against individuals on the basis of Arts 301, 60 and 308 EC. It also held that UN Security Council resolutions are binding only in international law and cannot take precedence over the Community’s internal standards for the protection of fundamental rights. The judgment raises some profound constitutional questions pertaining to the competence of the Community, its relationship with international law and the scope of fundamental rights protection. In parallel, in a number of cases culminating in its judgment of October 23, 2008 in People’s Mojahedin Organisation of Iran v Council (OMPI II) (T-256/07), the CFI has annulled anti-terrorist sanctions imposed by the European Community indicating a strong adherence to process rights. The purpose of this contribution is to discuss the above case law and its implications

Community Agencies, Competition Law and ECB Initiatives on Securities Settlement

ISBN: 9780199571253 ; waiting for copyright clarification from publisher (Tim?)ISBN: 9780199571253ISBN: 978019957125

Winners and losers in Luxembourg: A statistical analysis of judicial review before the European Court of Justice and the Court of First Instance (2001-2005)

Reproduced with permission of the publisher

EU Law, International Law, and Economic Sanctions Against Terrorism: The Judiciary in Distress?

This Article seeks to examine the relationship between European Union (“EU”) law, international law, and the protection of fundamental rights in light of recent case law of the European Court of Justice (“ECJ”) and the Court of First Instance (“CFI”) relating to economic sanctions against individuals. It first looks at the judgment in Kadi. After a short presentation of the factual and legal background, it explores the question of whether the EU has competence to adopt smart sanctions. It then examines whether the EU is bound by resolutions of the UNSC, whether the ECJ has jurisdiction to review Community measures implementing such resolutions, and looks at the applicable standard of judicial scrutiny. It analyzes the contrasting views of the CFI, the Advocate General, and the ECJ, taking account also of the case law of the European Court of Human Rights (“ECtHR” or “Strasbourg Court”). Further, the Article explores the consequences of annulling the contested regulation. It then turns to discussing CFI case law in relation to sanctions lists drawn up not by the UNSC but by the Community. The Article concludes by welcoming the judgment of the ECJ. While its reasoning on the issue of Community competence is questionable, once such competence is established, it is difficult to support the abrogation of Community standards for the protection of fundamental rights. Such standards should ensure procedural due process while recognizing the importance of public security

Citizenship Education curriculum in Greece - beyond ethnocentric or eurocentric approach

The issue of intercultural and citizenship learning has concerned scholars for a long time while subjects such as history, geography, civic and citizenship have been shaping young peoples’ identity. Under migration pressures and the European Union’s integration these subjects have been often challenged and transformed. In the case of Greece, subject’s textbook topics on immigration and diversity have been promoting more ethnocentrism and eurocentrism. This paper presents those findings, and in so doing it explores the ways in which the Greek state’s and the EU’s intercultural education policy have impacted the specific school subject. It focuses on the Greek nation’s identity formation, while discussing the country’s response to the EU’s calls for common policies in the area of intercultural and citizenship education. The last section of this essay provides new insights into the educators’ tools to implement less ethnocentric and more inclusive curriculums and programs by exploring an extracurricular, online peer mentoring program that was initiated and implemented in Australia to foster intercultural awareness