ЕВРОПСКИ СУД ПРАВДЕ ИЗМЕЂУ ЉУДСКИХ ПРАВА И БОРБЕ ПРОТИВ ТЕРОРИЗМА – OДНОС МЕЂУНАРОДНОГ И ЕВРОПСКОГ ПРАВА
EUROPEAN COURT OF JUSTICE IN BETWEEN HUMAN RIGHTS AND TERRORISM – RELATIONSHIP BETWEEN INTERNATIONAL AND EUROPEAN LAW

Summary/Abstract: The antiterrorist campaign undertaken by the United Nations Security Council at the end of the last century, and the obligation of transposition of punitive measures against individuals and entities related to the Al-Qaeda network into the European Communities legal system, put once again the issue of relations between the international legal system (in particular the one under Chapter VII of the United Nations Charter) and the European Communities legal system on the European Court of Justice agenda. In its judgments in the cases Kadi and Al Barakaat, the Court of First Instance confirmed, in 2005, the primacy of the United Nations law, refusing to carry out any, even indirect review of the United Nations Security Council resolutions in the light of fundamental rights guaranteed by the EC law and seeing, exceptionally, jus cogens norms as the only standard of review to which it would allow itself recourse in this situation. Following in principle the remarks and suggestion given by the Advocate General Poiares Maduro in January 2008, the European Court of Justice, deciding on appeal in September 2008, gave primacy to the European „constitutional tradition“ including fundamental rights.

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