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ECJ Monitor

ECJ: A LIST OF ARTICLES PROHIBITED ON BOARD AEROPLANES CANNOT BE ENFORCED AGAINST INDIVIDUALS IF IT HAS NOT BEEN PUBLISHED

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Facts:  

On 25 September 2005, the applicant in the main proceedings presented himself at the security control at Vienna-Schwechat Airport. That control showed that he was carrying tennis racquets in his cabin baggage. Since those racquets, according to the authorities, fell under the prohibited articles in points 4.1 and 4.3 of the annex to Regulation No 2320/2002 and were listed in the annex to Regulation No 622/2003, the applicant was not permitted to pass through the security control. When he none the less boarded the aeroplane with the tennis racquets in his cabin baggage, he was asked to leave the plane.

 

The ECJ’s Kadi judgment facilitates the review of international law for compliance with fundamental rights

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The European Court of Justice handed down its decision in the Kadi and Al-Barakaat joint cases on 3 September 2008.[1]  After reviewing the treatment of the case by the Court of First Instance with considerable attention, the Court divided its conclusions into three separate but interdependent issues:
 
(i) the Council’s competence in adopting the regulation (Regulation 881/2002 and others that have followed to amend it) for the freezing of financial resources by states of persons related directly or indirectly to organizations considered to engage in international terror activities; (
 
ii) the compatibility of the regulation with Article 249 EC Treaty; and
 
(iii) the compliance of the regulation and its provisions with certain fundamental rights.