Abstract
This article provides a comprehensive overview of EU restrictive measures applicable within the EU, the competences and legal evolution which lead to the implementation of Common Foreign and Security Policy restrictive measures (CFSP sanctions), and considers procedural issues, developments in the latest case law, and the challenges of securing compliance with EU sanctions, which reach beyond the territory of the EU.
Highlights
This article provides a comprehensive overview of EU restrictive measures applicable within the EU, the competences and legal evolution which lead to the implementation of Common Foreign and Security Policy restrictive measures (CFSP sanctions), and considers procedural issues, developments in the latest case law, and the challenges of securing compliance with EU sanctions, which reach beyond the territory of the EU
While European foreign ministers approved the new European Global Human rights restrictive measures regime in early December 2020, targeting perpetrators of human rights violations, regardless of location and nationality as part of the European common foreign and security policy (CFSP), it is important to discuss the challenges posed by the contemporary restrictive measures regimes for those who have to comply with them, especially where respect for human rights within the procedural realities of the CFSP is at stake.[1]
There has been gradual evolution of the scope of human rights and the recognition of the protection of fundamental rights as one of the general principles of the EU law, the exclusion of the CFSP judicial review currently has to be interpreted narrowly and the CFSP exceptions providing for judicial review are interpreted broadly
Summary
While European foreign ministers approved the new European Global Human rights restrictive measures (sanctions) regime in early December 2020, targeting perpetrators of human rights violations, regardless of location and nationality as part of the European common foreign and security policy (CFSP), it is important to discuss the challenges posed by the contemporary restrictive measures regimes for those who have to comply with them, especially where respect for human rights within the procedural realities of the CFSP is at stake.[1]. Part II introduces the challenges that measures cause to those concerned by them It introduces the EU Treaties’ bases for the adoption of restrictive measures under the CFSP and illustrates the challenges to sanctions compliance and the implementation of conflicting and parallel sanctions through examples from EU and Member States’ case law. They can target entities, groups or organisations or individuals involved in terrorist activities or supporting targeted policies.[11] Sanctions can be trade and restrictive measures, which are usually referred to as ‘sanctions’ they are not punitive in nature [27] They can be adopted by countries or international organisations through laws and regulations in pursuit of foreign policy and security objectives, including the fight against terrorism and nuclear proliferation. Sectors, sensitive products such as arms and dual-use goods and national persons where their assets are subject to freezes [13]
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