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European Observer on fundamental right's respect

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Notes & Comments (15/07/2007) - Terrorism, listing and human rights

Title: Terrorism, listing and human rights

Date: 07/15/2007

Subject: The Author examines the question of “listing” and its influence on the respect of fundamental rights. The comment takes the cue from the mechanism introduced after September 11th 2001, according to which the United Nations and the EU compile – the EU with regulations – lists of people and organizations suspected of terrorism; the names of such subjects are handed to International Organizations by Governments of Member States on the base of judiciary, police, and intelligence information. As a consequence of being included in these lists, after the notification of the listing measure, assets and financial resources of these subjects are taken away from their availability. The Author considers the first three years of jurisprudence of the Court of Justice and of the Court of first instance, underlining how, at the beginning, the decisions were quite reluctant, while in a second moment, starting from decision in the case T – 228/02 of 12 December 2006, they were more inclined to the protection of fundamental rights.

Original language: Italian

Classification: Equality - Art. 20 Equality - Justice - Art. 47 Right to an effective remedy before a tribunal - Art. 48 Presumption of innocence - Rights of defence

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Notices: Effectiveness of the Charter
The comment underlines how, in the most recent decisions, the Court of first instance, although without mentioning the Charter of Nice, thanks to art. 6 TEU, has stated the violation of the fundamental right to defence every time that, in the lack of imperative exigencies concerning the security of the European Community or of the Member States, the person has not been aware of the elements against him, has not been heard during the procedure and, as a consequence of grounds without the concrete and specific elements which had justified his inclusion in the list of the suspected people, he has not been able to discuss his claim in front of the Court.