Advocate General Eleanor Sharpston

When adopting a new decision (3) to update the list of EU on July 15, 2008, the Council nevertheless upheld the PMOI on the list. The inclusion of the PMOI was based on information from the French Government of (i) the initiation of an investigation by the anti-terror Department of the public prosecutor at the Tribunal de grande accusations in 2001, and (ii) two complementary instance de Paris against alleged members of the PMOI by 2007. The Council taught the PMOI on the day of adoption of the decision. The Court has declared this decision null and void and found that the Council had violated the rights of defence of the PMOI as a result, that he told this new information not before the adoption of the decision. Although this was sufficient alone for the annulment of the decision, the Court examined also the remaining arguments of the PMOI for completeness. It was among other things, that the initiation of an investigation and the two additional charges as regards the PMOI itself, any decision by a competent authority constituted as not had been rehearsed, for whatever reason that attributed to actions of the Organization itself should be blamed on the alleged members of the PMOI.

Also the Council that that he had withheld certain information about the case the Court, whose release the French authorities had rejected, violated the fundamental right of the PMOI on an effective judicial protection. France has appealed to the Court of Justice against this judgment. In their presented today opinion Advocate General Eleanor Sharpston suggests the Court to reject the appeal of France. With regard to the failure of the Council, the PMOI from the new information which led to the whereabouts of this Organization on the list to announce the decision confronts General Sharpston delivered the Court’s opinion, the Council had between the receipt of information from the French Government on 9th June and the adoption of its decision by July 15, taking into account the internal procedures of the Council had sufficient time to submit this information to the PMOI.

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