|
Publishers Abstract:
In Case T-228/02, Organisation des Modjahedines du peuple d'Iran v. Council and UK (OMPI), Judgment of the Court of First Instance (CFI) (Second Chamber) of Dec 12, 2006, the Court held that the EC Council decision listing the applicant as an alleged terrorist infringed the latter's procedural rights. This has far-reaching implications for the way the European Union lists individuals and entities as terrorist suspects. Yet, the sanctions challenged in OMPI differ from those challenged in the earlier cases and it would be wrong to conclude that the CFI has changed its position in principle. The CFI ruled that the EC Council decision listing the OMPI as alleged terrorist supporters did not satisfied the requirements of the rule of law in the Community. Most importantly, the Court found the right of access to justice was infringed, because it considered itself not in the position to review the lawfulness of the contested decision.
|
