Challenges of the Cyber Sanctions Regime Under Common Foreign and Security Policy (CFSP)

Abstract

The introduction of the new framework on restrictive measures in response to cyberattacks marks a new stage in the development of the EU Cyber Diplomacy Toolbox, which aims at promoting security and stability in cyberspace. This paper will focus on the main difficulties for the efficient operationalisation of the 'cyber sanctions' framework. The implemetation of restrictive measures will encounter a problem of technical, legal and political attribution of cyberattacks. In addition, existing divergences between Member States in foreign policy matters along with the challenge of providing solid and convincing evidence traditionally constitute a barrier to the common action. Last but not least, targeted sanctions must ensure the respect for fundamental rights, as was established in the seminal Kadi judgement, in order to withstand the review in front of the Court of Justice of the European Union (CJEU).