Hands off the untouchable core: a constitutional appraisal of Kadi case

The paper starts its investigation from the analysis of the recent – and by now landmark – decision of the Court of Justice of the European Communities in the Kadi case. After recalling the harshly criticised outcome of the Court of First Instance decision on the same matter, the paper underlines the constitutional implications of the new, pluralistic approach adopted by the European Court of Justice. In particular, it explores the nature of the new conflict settlement patterns which seem to emerge from the reasoning of the European Judge. Finally, after pointing out the consequences of the decision, the paper discusses a prospective new scenario of interactions between interconnected legal orders in the new season of cooperative constitutionalism in Europe.