Friday, May 4, 2012

Kadi v. Council and Commission case brief

Kadi v. Council and Commission (Freezing of Assets)
Person suspected of being a part of Al-Qaeda had his assets frozen.

*Right to property: can only be infringed in certain cases and in accordance with certain procedures.
-Freezing of assets is ok - deference to legislature.
-D needs to have opportunity of putting his case to competent authorities.
-Freezing measure = disproportionate & intolerable interference to P’s property (assets)?
ISSUE -Can the restriction of the exercise of P’s assets be justified?
HOLDING → Yes, P can request certain needed funds, can have case reexamined.
ANALYSIS There must exist a reasonable relationship of proportionality between the means employed and the aim sought to be realized.
Balance demands of the public interest v. interest of individuals concerned.
→ The applicable procedures must afford the person concerned with a reasonable opportunity of putting his case to the competent authorities.
(Here it did not satisfy this requirement, therefore the restriction to property was unjustified)

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