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European Observer on fundamental right's respect

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Case Law [2007] EWHC 869 (24/04/2008)

Type: Judgment

Authority: National Courts: Supreme Courts (Eire) - High Court

Date: 04/24/2008

Subject: The High Court of Justice has quashed the Terrorism Order and the Al-Qaida and Taliban Order, which provided norms about the freezing of funds and properties of suspected terrorists because in violation of the principle of certainty in criminal matters. According to the Court, the said acts are illegitimate because they create new types of crimes which are extremely wide, actually widening the aims and the significance of the UN Resolutions from which they derive; they are also illegitimate because they have been issued outside the Parliamentary proceeding.

Parties: A, K, M, Q & G and H.M. Treasury

Original language: English

Classification: Freedoms - Art. 7 Privacy - Justice - Art. 49 Principles of legality (nullum crimen, nulla poena sine lege; lighter penalty) - Proportionality of penalties

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