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The External Dimension of the European Union’s Area of Freedom, Security and Justice

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Marise Cremona, Jörg Monar and Sara Poli

During the last decade the rapid growth of justice and home affairs as an internal policy making domain of the European Union has led to the Union emerging as an increasingly important international actor in this field.
This book covers the institutional and legal framework of the external dimension of EU justice and home affairs; issues of policy interaction as well as specific challenges; policy responses and results in the fields of migration policy; judicial cooperation; counter-terrorism; and cooperation with major international partners.
Taking into account the changes introduced by the Treaty of Lisbon as well as the priorities set by the 2010-2014 Stockholm Programme the book provides an in-depth exploration of the political and legal dynamics of a major new dimension of the EU.

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PART FIVE. EXTERNAL ASPECTS OF COUNTER-TERRORISM

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PART FIVE EXTERNAL ASPECTS OF COUNTER-TERRORISM 323 CHAPTER 11 Kadi and the EU as Instrument or Actor. Which Rule of Law for Counter-Terrorism? Piet EECKHOUT 1. Introduction The ECJ’s judgment in Kadi and Al-Barakaat shows how central the subject of this volume is becoming to the development of EU law generally.1 It is in the area of counter-terrorism policy, and more specifi- cally of measures adopted to give effect to UN decisions, that the Court handed down one of its most notable judgments of the last decade concerning the relationship between international law and EU law and the protection of fundamental rights (“the very foundations of the Community [now EU] legal order”).2 The subject-matter of the case can therefore easily be located within the field of external action in the Area of Freedom, Security and Justice (AFSJ), and the judgment shows the sensitive, complex, and profound questions to which such external action may give rise. The importance of Kadi and Al Barakaat is confirmed by the ava- lanche of academic commentary which it unleashed.3 Most of this 1 Joined Cases C-402/05 P and C-415/05 P, Kadi and Al Barakaat v Council and Commission [2008] ECR I-6351. It is de rigueur to note that the author is a member of Mr. Kadi’s litigation team. 2 Ibid., para. 304. 3 See inter alia Daniel Halberstam and Eric Stein, “The United Nations, the European Union, and the King of Sweden: Economic sanctions and individual rights in a plural world order”, Common Market...

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