Judicial Review of the International Validity of UN Security Council Resolutions by the European Court of Justice

Abstract

Recent practice shows that domestic courts are increasingly confronted with complaints lodged by individuals or entities affected by measures adopted by the United Nations (UN) Security Council. This chapter aims instead at examining the possible role of the European Union (EU) judge in reviewing the international validity of Security Council resolutions or of EU acts implementing such resolutions. It addresses and critically assesses the European Court of Justice (ECJ)'s assertion that it lacks the competence to conduct a review on the basis of international law standard. The chapter examines certain solutions which may help to mitigate some of the inconveniences inherent in the inward looking approach followed by the ECJ in its Kadi judgment, as well as to enhance the role of EU courts in contributing to promote the goals of the international legal order. Keywords:European Court of Justice (ECJ); international law; international legal order; Kadi ; United Nations (UN) Security Council