EU: Court of Justice of the European Union: Advocate General Sharpston considers that the Court should annul the measures maintaining Hamas and LTTE on the EU list of terrorist organisations on procedural grounds


"the Council is precluded from relying on a list of terrorist attacks without those being shown in decisions of competent authorities...

the Council cannot rely on facts and evidence found in press articles and information from the internet, rather than in decisions of competent authorities, to support a decision to maintain a listing."
[emphasis in original]

See the full text: Advocate General Sharpston considers that the Court should annul the measures maintaining Hamas and LTTE on the EU list of terrorist organisations on procedural grounds (Press release, pdf)

And Adocate General's Opinion - Tamil Tigers (pdf) and Hamas (pdf)

See: EU court recommends removal of Tamil Tigers and Hamas from terrorist list (euractiv, link):

"The European Union’s top court took a step toward confirming the removal of Hamas, as well as the Tamil Tigers, from an EU terrorism blacklist despite protestations from Israel and the Sri Lankan government.

An advocate general at the European Court of Justice, whose advice is usually followed by judges, recommended yesterday (22 September) that they reject an appeal by the Council of EU member states against the lower EU court’s decisions in late 2014 to remove both movements from the sanctions list due to flawed procedures."

 

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