EU implementation of the UN restrictive measures against al Qaeda

On 22 December 2009 the Council adopted a Council Regulation amending Regulation (EC) No 881/2002 imposing certain specific restrictive measures directed against certain persons and entities associated with Usama bin Laden, the Al-Qaida network and the Taliban.

Following the judgment of the ECJ in the Kadi case on 3 September 2008, the Regulation had to be amended to provide for a listing procedure ensuring that the fundamental rights of defence are respected. The revised procedure includes providing to the listed person, entity, body or group the reasons for listing as transmitted by the UN Al Qaida and Taliban Sanctions Committee, in order to give the party concerned an opportunity to express their views on those reasons.

If observations are submitted, the Commission should review its decision considering the important political responsibilities involved and the sensitive nature of the international efforts in countering terrorism.

The press release by the Council highlights that

“the amended Regulation (EC) No 881/2002 respects the fundamental rights and observes the principles recognised in particular by the Charter of Fundamental Rights of the European Union and notably the right to an effective remedy and to a fair trial, the right to property and the right to the protection of personal data.”

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