The European Union will keep Hamas on the EU list of terror groups as it said Monday it will appeal the December 17 Judgment of the EU General Court to remove the Islamist group from the list.
The Court controversial judgment annulled measures taken by the Council of the European Union against Hamas, namely the designation of Hamas as a terrorist organisation and the freezing of Hamas' funds. The EU court said last month the reason for listing it was based too much on media and Internet reports, and not enough on acts examined by competent authorities.
‘’This ruling was clearly based on procedural grounds and did not imply any assessment by the Court of the merits of designating the Hamas as a terrorist organization,’’ EU foreign policy chief Federica Mogherini said in a statement Monday as she chaired a meeting of EU foreign Ministers who precisely discuss measures to be taken against terrorism in Europe and jihadists returning from Syria and Iraq in the wake of the bloody attacks in Paris and thwarted terror action in Belgium.
Mogherini said that the freezing of funds and the ability to put some organizations on a terror list were essential to contain terror financing.
She said the EU institutions ‘’are also studying carefully other appropriate remedial actions that may be taken to avoid possible annulments in the future within the ongoing review process of EU autonomous measures to combat terrorism.’’
“The fight against terrorism remains a priority for the European Union. In this sense, the EU is determined to stem the financing of terrorism, for which EU autonomous measures are an essential tool,” she added.
Hamas will remain on the banned list with its assets frozen in Europe pending a final decision by the Court of Justice, the EU’s highest court.
No date was set for a decision by the the Court of Justice. It takes up to 18 months to rule on appeals.
Hamas was put on the EU terrorist list as part of broader measures to fight terrorism in the wake of the Sept. 11 attacks and its funds were frozen.
Israel, which slammed the General Court judgement, welcomed the EU appeal with the foreign ministry saying "the decision reflects well the position that Hamas was and remains a terror organization."
When the EU Court judgement was released, Israeli Prime Minister Benjamin Netanyahu said he was not satisfied with the European Union’s explanation that the removal of Hamas from its list of terrorist organizations is a ‘technical matter.’’
“The burden of proof is on the European Union and we expect it to put Hamas back on the list forthwith, given that it is understood by all that Hamas — a murderous terrorist organization, the covenant of which specifies the destruction of Israel as its goal — is an inseparable part of this list,'' he said at the time.
by Yossi Lempkowicz