World Jewish News

EU's top court rules to maintain Hamas on EU's terror list

The European Court of Justice, the EU’s top court, has ruled that Hamas, the Palestinian Islamist movement in the Gaza Strip, should remain on the EU terror list.

European Court of Justice (ECJ) judges overruled a 2014 European lower court view that Hamas should be dropped from the list because the EU had insufficient evidence to maintain asset freezes and travel bans on Hamas. That court found that the listing was based on media and Internet reports rather than solid legal arguments. The EU s subsequently appealed that decision at the European Court of Justice in Luxembourg,

The ECJ said that a decision by a competent authority was only required for an initial listing, with no such condition for subsequent retention.

“With regard to Hamas, the Court observes that the General Court annulled the continued freezing of funds solely on the ground that the Council had not referred, by way of justification, to national decisions by competent authorities,” a press release from the EJC stated. Hamas had been on the EU’s list of terrorist organizations since it was created in 2001 in the wake of the September 11 terror attacks in the US.

The press release added: “The Court of Justice therefore sets aside the 2014 judgment of the General Court. It refers the case back to the General Court so that the latter may examine the facts and arguments on which it did not rule in its 2014 judgment. Since the General Court’s judgment has been set aside, the Council measures by which Hamas’ funds continue to be frozen are to remain in force for the time being.”

The EU terror list comprises 13 individuals and 22 groups.

The EU Ambassador to Israel, Lars Faaborg-Andersen, welcomed theECJ ruling. “We welcome the fact that the ECJ has upheld the EU Council’s appeal and set aside the judgment of the General Court concerning the listing of Hamas from 2010 to 2014. The EJC has thus confirmed the legality of those listings,” he said.

“We recall that the appeal and the General Court’s judgment did not concern the EU’s subsequent listings of 2015-17,” he added.

‘’The current listing of Hamas remains in force and the European Union continues to consider Hamas a terrorist organization,” he told The Times of Israel.

Created in 1987, Hamas has carried out numerous terror attacks against Israeli civilians and military personnel, including shooting, stabbings, suicide bombings and rocket attacks on towns that have killed hundreds of people.

EJP