ECJ: EU-TERRORISM LIST DECLARED INVALID

NO CRIMINAL PROSECUTION PERMISSABLE FOR VIOLATIONS OF FOREIGN TRADE LAW BEFORE JUNE 2007

The so-called EU-Terrorism List compiled between 2002 and 2007 is invalid, according to a leading decision by the European Court of Justice (ECJ) on 29. June 2010. Domestic prosecutions pursuant to the Foreign Trade Act (AWG) for possible contravention of EU law are hereby inadmissible. In an unprecedented development, Terrorism List proceedings before the ECJ were based on a preliminary question submitted by a domestic criminal court. Previously, persons and organizations affected by terrorist listing have filed complaints directly to the ECJ. ECCHR submitted an expert legal opinion during the case.

ECCHR PROVIDES EXPERT OPINION

EUROPEAN COURT OF JUSTICE REVIEWS TERRORISM LIST AGAIN

The European Court of Justice in Luxembourg must take a stand on the new EU Terrorism List. While the trials to date have concerned aggrieved parties who have contested their inclusion on the list, this time it concerns a preliminary question submitted to the European Court by the Düsseldorf Higher Regional Court. The ECCHR has put their expert opinion forth in the case.

EU-TERRORISM LISTS

COURT OF JUSTICE ANNULS EU DECISION TO MAINTAIN JOSE MARIA SISON IN THE "EU TERRORISM LIST"

In a judgment with implications for other groups and individuals designated by the EU as "terrorists", the EU Court of First Instance (CFI) has annulled on 30 September 2009 the Council Acts freezing Jose Maria Sison's funds and including him in the EU "terrorism list".

ECCHR-CONFERENCE ON TERRORISM LISTS

EXCITING CONTROVERSIES AT BRUSSELS ECCHR-CONFERENCE ON TERRORISM LISTS

The one-day conference organized by the European Center for Constitutional and Human Rights (ECCHR) at Free University Brussels on 20 October 2009 attracted great interest. Lawyers of affected individuals and groups shared their practical experiences on listing procedures. One key conclusion was that the executive power excludes the judicial one in its listing acts, and in this way often disrespects fundamental procedural safeguards and rule of law standards.

TERRORISM LISTS, EXECUTIVE POWERS AND HUMAN RIGHTS

INTERNATONAL CONFERENCE IN BRUSSELS ON 20 OCTOBER 2009

The 'proscription' or 'designation' of alleged “terrorists”, their associates and financial supporters by nation-states, the European Union and the United Nations has been among the most controversial aspects of the so-called “war on terror”.Hundreds of groups and individuals around the world have been placed upon various “terrorist lists” and subject to the freezing of their assets, travel bans and other serious sanctions. Yet despite the gravity of the accusations and the impact of their designation upon fundamental rights, affected parties have been systematically denied the right to mount a meaningful challenge to their inclusion on the lists. This conference brings together a distinguished group of expert practitioners, lawyers, academics and human rights organisations to examine these issues and consider possible ways forward.

Conference agenda.pdf (196.4 kB)

Programme de la conference.pdf (254.7 kB)

ECCHR INVOLVED IN RENEWED PROCEEDINGS AGAINST EU BLACKLIST

Jose Maria Sison, represented amongst others by the Secretary General of the European Center of Constitutional and Human Rights, Wolfgang Kaleck, is on April 30, 2009 attending a hearing at the European Court of First Instance in the course of renewed proceedings to have his name removed from a EU blacklist.