International Decisions in EU Law Effects of Decisions of the UN Security Council in the EU Legal Order

Abstract

Two well-established principles of ECJ's jurisprudence should easily tells that, as matter of principle, there should be no difficulty in recognising the direct effects of UN Security Council decisions in the absence of a specific transposition norm at the EU level. First, one could rely on the monism of the European Court of Justice. Second, there is the ECJ's doctrine of direct effect. Regardless of the inner consistency of the ECJ's findings on the legal basis in the Kadi case, a more fundamental question may be posed about the necessity of such a procedure. From a political stance, the advantages are readily recognizable. The first is that the procedure best serves the interests of both the Member States to demonstrate unity in the CFSP without political cost. A second advantage would seem to be the avoidance of the risk of divergent interpretations by Member States of the relevant UNSC's decision. Keywords:EU level; European Court of Justice; Kadi case; Member States; UN Security Council