A top EU lawyer says Palestinian terrorist organization Hamas and Sri Lanka’s Tamil Tigers rebel group LTTE should be taken off the bloc’s terror list because procedural mistakes invalidated the decision to add them.
The EU imposed travel bans and asset freezes against the two groups under rules drawn up after the September 11, 20101 attacks in the US. Both groups appealed.
The EU’s General Court (Courtesy Court of Justice of the European Union)
The General Court, second to the European Court of Justice, ruled in 2014 that the EU based its decision on publicly available information, not on a finding by a competent authority. The European Council of the 28 member states in turn appealed that decision.
Advocate General Eleanor Sharpston of the ECJ says the EU “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.”
Accordingly, the ECJ “should annul the measures maintaining Hamas and LTTE on the EU list of terrorist organizations on procedural grounds,” she says.
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