Wednesday, 22 October 2014 00:01
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The European Union (EU) yesterday insisted that the court ruling on LTTE sanctions in the EU is not a political decision taken by the EU governments but a legal ruling of a court.
On 16 October 2014 the General Court of the European Union annulled measures taken by the Council of the European Union against the LTTE, namely the designation of the LTTE as a terrorist organisation and the freezing of LTTE funds. Nonetheless the Court allows the annulled decision on the freezing of LTTE funds to be maintained for another three months.
The EU Press and Information office in Colombo said that in understanding the implications of this Ruling it is important to remember that it is a legal ruling of a court; it is not a political decision taken by the EU governments. The separation of the judicial system from the legislature is a key distinction in a healthy democracy.
Furthermore, this legal ruling is clearly based on procedural grounds and it does not imply any assessment by the Court of the substantive issues of designating the LTTE or of freezing LTTE funds.
The Court also ruled that the EU law on the prevention of terrorism can apply in situations of armed conflict under international humanitarian law – thereby rejecting a claim made by the LTTE. The EU institutions are studying carefully the Ruling in detail; they will reflect on the options open to them and will, in due course, decide on appropriate remedial action to take.
(Colombo Gazette)
