Monday, 27 October 2008

This is a monstrous scandal.  It is not necessary to agree or 
disagree with the opinions about the  People's Mujahideen of Iran to 
see this.

The Commission uses the European Court as a tame poodle to enforce 
its every twist of the integration rachet  but on this rare occasion 
the Court shows true judicial judgement and rules against the 
Commission, that Commission merely decides it is above the law and 
will ignore the Court's ruling, not once but twice.

There is no reason for any European Country to take any notice of any 
of the courts rulings in future either - unless it feels like it.

xxxxxxxxxx cs
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SUNDAY TELEGRAPH   26.10.08
EU is a persistent offender against itself
By Christopher Booker


WHEN the EU's leaders agree to ignore the rulings of their own courts 
that they are acting illegally, who can compel them to obey the law?

That is the extraordinary question which arises from last Thursday's 
confirmation by the EU's Court of First Instance that the EU is 
acting unlawfully by refusing to lift its ban on the People's 
Mujahideen of Iran, the PMOI, the main would-be democratic opposition 
movement to the ruthless dictatorship of the mullahs in Tehran.

This bizarre saga began in 2001 when the British Government, as part 
of a deal with Tehran, agreed to ban the PMOI as terrorists, then 
talked the EU into following suit.

In 2006, the EU court ruled that its ban was unlawful. In 2007, at 
British instigation, the EU Council of Ministers twice agreed to defy 
this ruling.
When 35 MPs and peers, including former ministers, asked the High 
Court to rule on Britain's action, three judges found that the 
Government had produced no evidence that the PMOI were terrorists and 
ordered it to lift the ban.

When this was confirmed by the Lord Chief Justice, who described the 
ban as "perverse" and "unlawful", the Government reluctantly obeyed 
his order, thus bringing itself into conflict with an EU law that the 
EU court had already ruled as unlawful.  [finally our goverrnment DID 
decide to obey the law -cs]

Last July, as acting EU president, France's President Sarkozy 
insisted that the EU ban must remain.  [Who the hell does he think he 
is to "insist" on breaking the law? -cs]

Last week, after further protests from EU MPs, MEPs and senior 
lawyers, the Court of First Instance again ruled the EU's ban as 
unlawful.

What makes this serial defiance of the law incomprehensible is that 
it has been done to appease a regime whose agents are acting as 
terrorists throughout the Middle East, all in a futile attempt by the 
EU to persuade Tehran not to build nuclear weapons, a policy it has 
no intention of abandoning.

What is equally weird is how little attention this outrageous story 
has attracted from Britain's media.
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EU OBSERVER 24.10.08
EU terror list outpacing court rulings
PHILIPPA RUNNER

  BRUSSELS - The People's Mujahedin Organisation of Iran (PMOI), the 
country's leading opposition group, will stay on the EU's terrorist 
register despite a second European court ruling, as EU member states 
outpace the courts with fresh decisions every few months.

The European Court of First Instance verdict on Thursday (23 October) 
dissolved a decision taken by EU states in December 2007 to keep the 
PMOI on its blacklist, saying UK evidence against the group was invalid.

The terrorist register names over 60 organisations, resulting in 
international stigma, a freeze on EU financial assets and a ban on 
fund-raising.

It is managed by EU member state intelligence services meeting in a 
"clearing house" working group with no political or judicial 
oversight and with their decisions later rubber-stamped by EU 
ministers as EU "common positions."

The court's Thursday decision on the PMOI does not apply to a 
subsequent common position of July 2008, with EU member states saying 
that "new information concerning the group has been brought to the 
Council's attention [that] warrants the group's inclusion on the list."

The PMOI has appealed the July move as well, but the court is 
unlikely to issue a new verdict before the clearing house refreshes 
the list again in November or December, perpetuating the legal cycle.

The EU court in 2006 had already annulled a previous common position 
of 2005.

The PMOI and its Paris-based sister group, the National Resistance 
Council of Iran (NRCI) have been battling clearing house for six years.

The Iran group - which was responsible for bombings and attacks 
against the Islamic regime in Iran in the 1980s and 1990s - renounced 
violence in 2001 and now claims to represent the strongest pro-
democratic voice in the country today.

NRCI leader Maryam Rajavi accuses the EU and US - which also calls 
PMOI a terrorist organisation - of restricting the Mujahedin to curry 
favour with Tehran in nuclear proliferation talks.

Meanwhile, Iranian diplomats say the PMOI-NRCI organisation is a 
dangerous Rajavi-personality cult mistrusted by ordinary Iranians, 
which should not be let off the hook for past actions.   [They've 
banned any domestic opposition -cs]