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The EU Court of Justice: Hamas is terrorist, ahead with sanctions

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BRUSSELS. Hamas is and remains a terrorist organization, and the restrictive measures adopted by the Member States of the European Union must be maintained. The EU Court of Justice defends the EU Council’s political-legal system towards Palestinian fighters, overturns the sentence of the Court that rejected the sanctions, and confirms its legitimacy and validity.

The sanctions, having individual scope and not a general nature, do not respond to classic rules and procedures. Making a comparison between the actual legislative procedure and specific acts is not possible, argues the EU Court, because the procedures are different due to the different nature of the nature of the decisions. Reason why the formal defects contested by the Court have no raison d’etre. Go ahead with the sanctions against Hamas, therefore.

Hamas is included in the list of terrorist organizations of the EU, the Union of American States, the United States, Israel, Canada and Japan, while Australia, New Zealand and the United Kingdom distinguish between political organization and military wing, adopting an uncompromising policy only towards of the second.

In 2018, the EU Council decided to keep Hamas in the Community register of terrorist organizations. Consequently, the armed wing of the Palestinian nationalists could be hit by restrictive measures such as freezing of capital and economic resources. Exactly that was decided by the Club of Twenty-Seven.

On 4 September 2019, the Luxembourg Court ruled against these provisions, rejecting four acts adopted by the Council due to formal defects. The Council’s failure to authenticate, by means of a signature, of the reasons underlying the contested acts was contested.

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Today the Court of Justice of the EU annuls the decision that had annulled the work of the Council. “The court made an error in law,” explain the Luxembourg judges. There is no need for the documents in question to be signed by the President and the Secretary General of the Council. The contested documents “do not fall within the general nature” of official documents, and for this reason “it is sufficient that the motivation be duly authenticated by other means”. For the document accompanying the sanctions, it is therefore not essential to sign the top management of the Council.

In examining the case, other elements are revealed which allow the legitimacy of the European Union’s actions to be established. First of all, the Court of Justice points out that the reasons for the sanctions against Hamas “had been adopted by the Council at the same time as the aforementioned acts, and their authenticity had not been validly questioned”. Added to this is the fact that Hamas “did not validly contest” the decisions of the European Union. The freezing of funds therefore remains in effect.

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