european-union
Does the EU need a condemnation from a member state court to add an organization in the EU&#39;s terrorist organization list?
<p>On January 23, the High Representative of the EU for Foreign Affairs <a href="https://en.wikipedia.org/wiki/Josep_Borrell" rel="nofollow noreferrer">Josep Borrell</a> <a href="https://www.youtube.com/watch?v=PAjbP3nSEb0" rel="nofollow noreferrer">claimed </a> that the EU would need a &quot;condemnation from a court in one member state&quot; to insert the <a href="https://en.wikipedia.org/wiki/Islamic_Revolutionary_Guard_Corps" rel="nofollow noreferrer">Islamic Revolutionary Guard Corps (IRGC)</a> in the EU's list of terrorist organizations.</p>
<p>Is this true?</p>
<p>According to the <a href="https://www.consilium.europa.eu/en/policies/fight-against-terrorism/terrorist-list/#criteria" rel="nofollow noreferrer">European Council's web page on the EU terrorist list</a>:</p>
<blockquote>
<p>The common position establishes that the list will be drawn up from precise information indicating that a decision has been taken by a judicial or equivalent competent authority in respect of the person, group or entity concerned. This decision may concern:</p>
<ul>
<li>initiation of investigations or prosecution for a terrorist act or an attempt to carry out or facilitate such an act
conviction for any of those actions</li>
<li>Persons, groups and entities identified by the UN Security Council as being related to terrorism and against whom it has ordered sanctions may also be added to the list.</li>
</ul>
</blockquote>
<p>Does &quot;common position&quot; mean that the procedure is written in law or that it's just common practice? Have all other entities on the EU's terrorist organization list been condemned by a member state court? And what is an &quot;equivalent competent authority&quot;?</p>

<blockquote>
<p>Does &quot;common position&quot; mean that the procedure is written in law or that it's just common practice?</p>
</blockquote>
<p>Neither. It means that that is the position of all member states in common.</p>
<blockquote>
<p>Have all other entities on the EU's terrorist organization list been condemned by a member state court?</p>
</blockquote>
<p>Not necessarily - the court does not have to be in a member state. A finding by a US, Australian, or Indian court for example may be sufficient.</p>
<blockquote>
<p>And what is an &quot;equivalent competent authority&quot;?</p>
</blockquote>
<p>What it says. Examples might be a <a href="https://en.wikipedia.org/wiki/Military_tribunals_in_the_United_States" rel="nofollow noreferrer">military tribunal</a> or a <a href="https://en.wikipedia.org/wiki/Royal_commission" rel="nofollow noreferrer">Royal Commission</a>.</p>
