Bulletin n. 1/2009
July 2009
CONTENTS
  • Section A) The theory and practise of the federal states and multi-level systems of government
  • Section B) Global governance and international organizations
  • Section C) Regional integration processes
  • Section D) Federalism as a political idea
    • Beulay Marjorie
    L’arrêt Kadi et Al Barakaat International Foundation :Réaffirmation par la Cour de Justice de l’autonomie du droit communautaire vis-à-vis du droit international
    in Revue de l'Union européenne/Revue du Marché Commun et de l'Union européenne , n. 524, janvier ,  2009 ,  32-40
    The issue of system relations is at the centre of the recent Kali ruling of the Court of Justice of the European Communities. In the context of the application of anti-terrorist combating measures against private individuals, initially imposed by the United Nations Security Council, the Court determines the place of international law in the Community legal order. It takes the opportunity to remind people of the famous autonomy principle of the Community legal order in the course of a highly awaited ruling within the international Community. Indeed, beyond the simple definition of the relations between international law and Community law, the Court, by the yardstick of Community law, also enables a split to be brought about in a controversial penalty system. This stance does not just have its consequences within international law but also within the Community legal order itself. Indeed, by opting for a monistic vision with pre-eminence of Community law, the Court of Justice of the European Communities is remaining true to its traditional position but is leaving room for uncertainties concerning the practical repercussions of its reasoning.
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