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UN Resolutions in the EU Legal System

Filipa Bismarck Amorim Coelho

United Nations resolutions, namely those within the scope of Chapter VII of UN Charter, edited by the Security Council are mandatory to all UN Members. Since all 27 Member States of the EU are Members of the United Nations and Parties to the Charter, those acts are obligatory to them. However, the EU is not itself Member of the UN and therefore would not be directly affected by these resolutions.Nevertheless, the Kadi case (ECJ, C-402/05 P et C-415/05 P, 3rd September 2008) as shown that not only is the EU affected by these resolutions - due to the fact that such mandatory character results not only from an international ground (in the UN Charter itself) but also from the EU Treaty - but also that such acts once they have been transformed into an EU act (through a dualistic approach) can be invoked at European Court of Justice, with particular focus on their violations to Fundamental Rights as these result from EU legal order.Such analysis will have particular effects on the way the two legal orders UN legal order and EU legal order interact from an internal (EU system) perspective. It puts UN acts in a specific hierarchical rank when comparing to the place General International Law (and also Conventional International Law) has within the EU legal sources. Furthermore, it opens the door for an indirect review of such UN acts and for a further interpretation of protection of Fundamental Rights at EU level.

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