The European Courts and the Security Council: Between Dedoublement Fonctionnel and Balancing of Values: A Rejoinder to Grainne de Burca, Andre Nollkaemper and Iris Canor

Abstract

* Professor of International Law, University of Naples ‘ Federico II ’ . Email: padesena@tin.it ; Associate Professor of International Law, University of Palermo. Email: chiara.vitucci@unipa.it 1 Nollkaemper, ‘ The European Courts and the Security Council: Between Dedoublement Fonctionnel and Balancing of Values: A Reply to De Sena and Vitucci ’ , 20 EJIL (2009) 862. Andre Nollkaemper, Grainne de Burca and Iris Canor have made a number of critical observations which are – in part at least – interesting and useful. A full examination of them would probably demand more time and more space than we have been given here. Nevertheless, we will try to reply to some of their remarks and to clear up a few misunderstandings. To do this, we have decided to consider separately the observations made by each of the participants in this debate, given that it does not seem possible to identify a common thread running through all of them. Indeed, while some of the remarks made about our analysis, while critical, are clearly advanced in a spirit of constructive dialogue (Nollkaemper, de Burca), others are clearly meant to challenge it radically (Canor) and therefore call for entirely different responses.