| Title: | The UN, the EU, and the Kadi Case : a new Appeal for Genuine Institutional Cooperation |
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| Authors: | ID Avbelj, Matej, Nova univerza (Author)
ID Roth-Isigkeit, David (Author) |
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| Files: |  PDF_Vol_17_No_02_02_Avbelj-Roth-Isigkeit.pdf (558,96 KB)
MD5: CB6F31D925323BB19B74ACC1F9B4F899
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| Language: | English |
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| Work type: | Article |
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| Typology: | 1.01 - Original Scientific Article |
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| Organization: | EVRO-PF - Nova Univerza - European Faculty of Law
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| Abstract: | While the Kadi affair has attracted a lot of attention, this Article approaches it from a rarely used contextual theoretical perspective of resolving instituti onal conflicts through reflexive sincere cooperation. The argument is short and simple: The institutional relationship between the EU judiciary and the UN Security Council should have been conducted not in strategic-pragmatic terms motivated by institutional power-plays, but rather by genuine pluralist institutional cooperation. The argument is preceded by an in-depth analysis of the theoretical and concrete practical shortcomings stemming f rom the lack of institutional cooperation between the UN and the EU in the Kadi affair. Thes e shortcomings were not inevitable, as the EU and the UN legal and political system s are already connected with a whole set of bridging mechanisms. These should be, however , strengthened and their use should be made more common. In order to achieve that, the A rticle suggests an amendment to the Statute of the Court of Justice of the EU and further improvement of the safeguards in the UN Security Council sanctioning mechani sms procedures. There is no dilemma: Enhanced institutional cooperation between the institutio ns of the two systems will work to their mutual advantage as well as, most imp ortantly, maintain the rights and liberties of individuals like Kadi |
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| Publication date: | 01.04.2016 |
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| Year of publishing: | 2016 |
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| Number of pages: | str. 153-178 |
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| Numbering: | Vol. 17, no. 2 |
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| Source: | German law journal |
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| PID: | 20.500.12556/ReVIS-11815  |
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| COBISS.SI-ID: | 1024672113 |
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| UDC: | 341.1+341.217 |
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| ISSN on article: | 2071-8322 |
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| Note: | Nasl. z nasl. zaslona;
Opis vira z dne 6.5.2016;
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| Publication date in ReVIS: | 18.06.2025 |
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| Views: | 218 |
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| Downloads: | 1 |
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| Metadata: |    |
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