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European Union: Lists of Terrorist Persons or Organizations

In the aftermath of September 11, 2001, the European Union responded immediately by adopting several legal instruments to implement Security Council Resolutions and to deal with the terrorism threat within the EU more effectively. Part of this undertaking was the drafting of two lists of terrorist individuals and organizations, one prepared under the authority the Sanctions Committee of the Security Council and endorsed by the EU, the UN/EU list; and the other, the EU list, prepared unanimously by the Council of the EU.

Both lists have raised fundamental rights questions and have been challenged before the European Courts by those listed who claimed to be included unjustifiably. In the cases of Yusuf and Kadi, the European Court of Justice upheld the EU/UN regime. On the other hand, in the case of the Organisation des Modjahedines du Peuple Iranien (OMPI), the Court annulled the decision of the Council relating to the inclusion of OMPI on the EU list. The Court did not invalidate the Regulation on the basis of which the list was prepared. Thus, the Regulation is still in force. The Council has announced that it plans to make its listing and de-listing procedure more transparent and that it intends to provide a statement of reasons to individuals or entities subject to the freezing of assets.