HAMAS OFF THE EUROPEAN BLACK LIST DUE TO A PROCEDURE FAILURE

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  • Italiano
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Hamas might be taken off the black list of terrorist organizations of the European Union. The Court of Justice has, in fact, had to cancel “for procedural” defects the measures due to which Palestinian militants and the Liberation Tigers of Tamil Eelam (LTTE) of Sri Lanka are on the list. It was established by the Advocate General of the EU Court, Eleanor Sharpston, who was called to comment the case.

On 27 December 2001, the EU Council has put Hamas and the Tamil Tigers on the list of subjects to whom apply penalties for terrorist reasons. The two organizations have resorted. The court had already agreed with Hamas and the LTTE, annulling the Council’s decision, deeming them “decisions not based on examined and confirmed acts in the decisions of the competent authorities”.

The EU Council has appealed, and now the Advocate General seems to confirm the position of the Luxembourg Court. “The Council can not rely on a list of terrorist attacks when such facts have not been ascertained in the decisions of the competent authorities,” notes Eleanor Sharpston, according to whom, the Council “cannot rely on facts and evidence found in press articles and information obtained from the Internet, instead of the decisions of the competent authorities to support the decision to keep it on the list”.

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