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EU / O. Next.- The TEU annuls previous sentence and keeps Hamas on the list of EU terrorist organizations


The Court of Justice of the European Union (TEU) has annulled this Tuesday a previous sentence that, based on a procedural error, removed the Islamic Resistance Movement (Hamas) from the list of terrorist organizations in the EU.

The case dates back to 2019 when the court heard an appeal from the Palestinian organization and considered that the document that justifies keeping it on the list of terrorist organizations should have been signed by the president and the secretary general of the Council.

Now the TEU has invalidated that judgment, understanding that to the extent that the disputed acts resemble a set of individual decisions, they are not subject to that signature obligation, but only to the notification obligation.

“It is not required that the President of the Council signs, in addition to the act that contains a general motivation for these restrictive measures, the statement of the individual reasons relating to that act. It is enough that said statement of reasons is duly authenticated by other means “said the court based in Luxembourg.

Furthermore, the European Justice establishes that the explanatory memorandum was adopted in parallel to the controversial acts signed by the President and the Secretary General of the Council, which is why they were “inextricably linked”.

To this must be added that Hamas’s appeal does not provide evidence that the text of the explanatory memorandum that was notified to it and that adopted by the Twenty-seven are disparate. “Since Hamas had not validly questioned the authenticity of these explanations, the Court of Justice dismisses in its entirety the appeal lodged by Hamas,” it concluded.

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