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December 18, 2014 4:56 pm

EU Will Lift Restrictions on Hamas in Three Months if Court Ruling Remains Unchallenged, Expert Says

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Hamas could legally operate in Europe by early 2015 if no appeal is launched against the EU General Court's decision to remove the terrorism designation. Photo: Twitter

The EU’s measures against Hamas arising from the designation of the Islamist group as a terrorist organization will disappear within three months, absent a successful appeal against yesterday’s decision by the bloc’s General Court to suspend the terror designation on procedural grounds.

“Since the measures have been annulled, they will only be maintained for the period of three months and will be lifted thereafter, unless the Court’s decision is appealed,” Edisa Korugic, an analyst with the London-based think-tank The Henry Jackson Society, told The Algemeiner by email.  “If an appeal is launched, the measures will remain in place until a decision on the appeal is made, a process which typically lasts about a year and a half.”

As The Algemeiner reported yesterday, the General Court’s decision has raised concerns that Hamas will exploit any legal ambiguities over its present status to rebuild its organizational and fundraising network within Europe. If no appeal is successfully launched within three months – a temporary period during which, the court said, the measures taken against Hamas when it was designated in December 2001 will remain in place – Hamas could find itself operating legally in Europe again.

Korugic said that, as yet, no appeal has been launched. “The EU Commission is considering making an appeal and indeed suggested to the Israeli government after the vote it would do so,” she said. Member states of the EU are entitled to appeal the decision, as is the Council of Europe and “other EU institutions.”

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Lawyers for the Council of Europe, which was responsible for the original designation, failed in their attempts to persuade the court to dismiss the action and order the applicant, Hamas, to pay costs. The judgement of the court, available in French, identifies the applicant as “Hamas, established in Doha (Qatar) and represented by Ms. Liliane Glock, lawyer.”

Glock sounded a buoyant note after yesterday’s judgement.

“Every decision since 2001 imposing restrictive measures, including on the armed wing, have been annulled. I believe that this judgement shows the whole world that it exists and is legal,” she told AFP, adding that the court’s decision also showed that the EU could not base its decision on the US list of designated terrorist organizations.

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  • henry.k

    Now is the time for the chosen people to leave for Israel a place were its safe for them

  • henry.k

    Now is the time for the chosen people to leave for Israel

  • HELEN

    LIKUD IS THE PALESTINAIN ARABS AND WHO WORK FOR THEM

  • E Pluribus Wombat

    And they will declare the Jews both in Israel and Europe untermenschen again and demand their expulsion.

  • Yoel Nitzarim

    This errant decision will comeback to haunt all of Europe in a ravaging rage unseen since the Third Reich if no appeal is made in the forthcoming three months. Hamas has realigned itself with Iran in what could be a devastating blow to normalcy for an already ailing European Union with the onset of a radical Islamic malignancy metastasizing uncontrollably in leaps and bounds in every nook and cranny.

  • Lauren Goldman

    If hamas does get free rein in Europe, the Islamification of the continent will succeed. The radical islamic factions will have the structure and leadership to carry out their intentions.

  • Homer Jones

    Israel must prepare sanctions against EU NGO staff.

  • Julian Clovelley

    One should be careful about evaluating what has happened here. In my understanding the decision is a procedural one which judges that the methodology whereby Hamas received its defining status in relation to the EU was flawed

    This however is not in the context of individual national laws but rather, in my understanding, in the interpretation of those laws when co-ordinated to form a single coherent picture, supposing that to be possible. In my understanding the General Court has no power to alter the laws of individual nations

    Appeal would appear to be the the European Court of Justice – primarily on points of law but also in terms of the overall case should the European Court of Justice be prepared to hear it on appeal

    Procedure in legal process is extremely important as are clear definitions. It is to be hoped that whatever the final outcome of this matter due process is now followed. A decision and definition arrived at via due process, including Appeal, is vastly more effective and potent than one that is not

  • RobiMac

    Lift restrictions on terrorists. That’s always a good idea. The fact that mankind has made it to the 21st century totally eludes me.

  • Barry Panensky

    Give Hama’s and isis a seat in the u.n. no one will notice. Barry

  • jmoss

    unbelievable. Such legal nonsense. So it has come to this: Hamas will become A “legal” terrorist organization dedicated to the destruction of those who resist, e.g. men, women and children.

  • Baba

    Are you kidding? The leader of Hamas just made a statement that any Palestinian who does not go out and kill an Israeli will not be allowed to live in Palestine. And they are not a terrorist group?

    What has happened to sound reasoning and justice? Can the Arabs buy off whole governments who are allowing this atrocity? Perhaps the EU should fall and suffer the consequences of their idiocy and cowardly behavior. At this juncture, they are pure morons and behave like rats at the end of a closed off tunnel.

  • Linda Rivera

    Hamas terrorist savages who are sworn to annihilate every last Jew in Israel are top favorites of EU monsters.

    The satanist EU are disappointed Hitler failed to murder every Jew in Europe. EU monsters are counting on Hamas/PLO/Palestinian Authority joined by Arab nations in the next big war against Israel, to murder every Jew in Israel.

    Hamas will thank the EU for their enthusiastic support of their terrorism against Israelis by perpetrating terror attacks in Europe.

  • chaya chais

    When targeting Israel’s cities, tunneling to kill children in school hanging those against Hamas, doing evil, evil, evil is not terrorism then those whose excuse terror are accomplises. Too many are slaughtered worldwide because EU and un support terrorists. Shame. Choose law and life

  • This will result in more Arab Terrorism in the EU.

  • Milhouse

    The premise of this article is nonsense. There is no need to appeal the ruling. All that’s needed is for the EU commission to examine the evidence of Hamas’s terrorism, and make an official determination that it belongs on the terrorist list. The only problem the court found with the listing was that nobody had ever done this. Hamas had been listed, not because anyone had looked at the evidence, but simply because “everyone knows” that it’s a terrorist group. That is true, everyone does know it, but legally that’s not enough. Someone has to go through the exercise of actually looking at the evidence and saying “yes, what everyone knows turns out to be true”. That’s all. There’s no need to go back to court, or to submit this determination to any kind of review; it just has to be made, and it never was.

  • There goes another shovel in Europes busily digging its own grave.Reminds me of the title of Hendryk Broders book ” Hurrah, we capitulate”

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