FOLMAN VE MAHMOUDİAN DAVALARI İLE İRAN BANKALARINA (SİNA, MELLAT, SADERAT) İLİŞKİN GÜVENLİK KONSEYİ KARARLARININ AVRUPA ADALET DİVANI’NDA YARGISAL DENETİMİ
JUDICIAL REVIEW OF THE DECISIONS OF THE COURT OF JUSTICE OF THE EUROPEAN COMMUNITIES IN THE CASES OF FULMAN AND MAHMOUDI AND THE IRANIAN BANKS

Summary/Abstract: The European Court of Justice (ECJ) entered a new era with its Kadi Decision in 2008. In this case, the ECJ examined the sanction measures taken by the European Union Council for the implementation of Security Council decisions. This examination is an indication that the ECJ has begun to examine the actions of the Security Council, albeit indirectly, judicially. Other international courts have also had the opportunity to express their opinions on the judicial review of Security Council decisions. This study examines the cases filed by Iranian banks (Saderat, Mellat, Sinai) and Folmen and Mahmoudian against European Council decisions within the scope of the implementation of United Nations Security Council sanctions through the ECJ. These cases indicate that a practice is developing in the international arena where Security Council decisions can be reviewed by international courts.

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