The Challenges of a Sanctions Machine: Some Reflections on the Legal Issues of EU Restrictive Measures in the Field of Common Foreign Security Policy

2018 ◽  
pp. 49-62 ◽  
Author(s):  
Antonino Alì
Keyword(s):  
Security Policy ◽  
Legal Issues ◽  
Restrictive Measures

Defining Elements and Emerging Legal Issues of eu “Sanctions”

2018 ◽  
Vol 27 (1) ◽  
pp. 33-52
Author(s):  
Leonardo Borlini ◽  
Stefano Silingardi
Keyword(s):  
Legal Issues ◽  
Policy Framework ◽  
The European Union ◽  
The United Kingdom ◽  
Recent Developments ◽  
Legal Position ◽  
Grand Chamber ◽  
Restrictive Measures ◽  
Ukraine Crisis ◽  
The Eu

With some 40 different types of restrictive measures in force, the European Union is undisputedly one of the major protagonists of today’s sanction regimes. Measures such as selective trade embargos, asset freezes and travel bans have been adopted by the EU not only to implement Security Council mandated sanctions, but also in addition to (as with Iran and North Korea) or in the absence of UN action (as with Syria and Russia). Further, EU recent practice evidences that sanctions (Myanmar and Zimbabwe) have served the EU and its member states’ own interests also with the view to promoting (the European construction of) values generally shared in international society. After outlining the legal discipline and the policy framework of EU restrictive measures, the present article analyses the legal issues emerging with respect to EU sanctions over the last four years. Among these, the 2017 ruling of the Grand Chamber of the Court of Justice of the EU in Rosneft, Brexit and its consequences on the implementation/adoption of sanctions by the United Kingdom, and recent developments concerning the legal position of candidate countries which refused to align with the EU sanction adopted in reaction to the Ukraine crisis, are the most important.

scholarly journals New Coronavirus Infection (COVID-19): Analysis of Legal Issues During Pandemic Period

2020 ◽  
Vol 17 (4) ◽  
pp. 22-26
Author(s):  
V. V. Masljakov ◽  
N. N. Portenko ◽  
M. E. Rubanova ◽  
O. N. Pavlova ◽  
A. V. Poljakov ◽  
...  
Keyword(s):  
Temperature Measurement ◽  
Medical Information ◽  
Personal Information ◽  
Legal Issues ◽  
Coronavirus Infection ◽  
Restrictive Measures ◽  
Transfer Of Information

The article presents an analysis of the main legal acts adopted during the pandemic caused by the COVID-19 virus. Issues related to the legality of temperature measurement, collection of medical information, its transmission for statistics are addressed and stored in accordance with the goals of collection. It is especially emphasized that in cases of collection and transfer of information, all personal information that would help in identity identification should be deleted, since medical secrecy also operates during the pandemic. In addition, questions were raised about the forced hospitalization of patients with a registered diagnosis or suspicion of a new coronavirus infection caused by COVID-19. Quarantine or observation is one of the possible methods of sanitary protection associated with a set of restrictive measures provided for by law. The restriction of certain rights in this case will be legal. The violation of rights can be said when the goals and measures of influence are disproportionate.

scholarly journals The Court of Justice of the European Union and the autonomous restrictive measures against natural and legal persons and non-state entities within the EU common foreign and security policy

2021 ◽  
Vol 60 (91) ◽  
pp. 117-139
Author(s):  
Boris Tučić
Keyword(s):  
European Union ◽  
Security Policy ◽  
General Relation ◽  
Supporting Evidence ◽  
The European Union ◽  
Court Of Justice ◽  
Foreign And Security Policy ◽  
The One ◽  
Restrictive Measures ◽  
The Eu

As a part of its specific policies, the EU creates and implements numerous restrictive measures against different subjects. In recent years, the most interesting ones, especially from the perspective of the Court of Justice of the European Union (CJEU), have been the autonomous restrictive measures against natural and legal persons and other non-state entities within the Union`s Common Foreign and Security Policy (CFSP). After years of legal wandering in this regard, the Lisbon Treaty finally offered an explicit legal basis for this kind of measures, envisaging, as well, for the first time, the CJEU`s jurisdiction in the field of CFSP in some cases, including the one related to reviewing the legality of decisions providing for restrictive measures against natural or legal persons adopted by the Council of the EU on the basis of Chapter 2 of Title V of the Treaty of the European Union. In this regard, the subject matter of this paper are the activities of the EU courts related to the autonomous restrictive measures against individual subjects, analyzed at several relevant although inseparable levels. The first one considers the intention of the CJEU to "use" the situation regarding the autonomous restrictive measures in order to strengthen its position and competences within the CFSP. The second one is oriented to the efforts of the courts to secure the balance between the effectiveness of the CFSP instruments, on the one hand, and the protection of some of the major principles and values of the EU legal order, on the other hand, such as the rule of law, legal certainty, effective judicial protection or the protection of human rights as guaranteed by the EU Law in general. Thirdly, a very important step in this context has been the jurisprudential identification of the key procedural requirements that the Council`s decisions providing for restrictive measures must fulfill as well (aka the designation criteria, statements of reasons criteria and supporting evidence criteria). By constantly insisting on the fulfillment of these criteria, the EU courts exerted a pressure on the Council to improve its decisions providing restrictive measures in a qualitative manner. Recent jurisprudence, such as the Rosneft or Bank Refah Kargaran cases, shows that there is still enough space for the Court`s interventions in this field, and that some interesting Court`s decisions, related to its position within the CFSP or the general relation between the CFSP and other forms of Union`s external activities, could be expected in the years to come.

scholarly journals Common Foreign and Security Policy and the EU’s external action objectives: an analysis of Article 21 of the Treaty on the European Union

2018 ◽  
Vol 14 (3) ◽  
pp. 584-608 ◽  
Author(s):  
Luigi Lonardo
Keyword(s):  
Policy Development ◽  
Security Policy ◽  
External Action ◽  
Global Strategy ◽  
The European Union ◽  
External Relations ◽  
Foreign And Security Policy ◽  
Eu Policies ◽  
Multilateral Diplomacy ◽  
Restrictive Measures

Boundaries within EU policies – Common Foreign and Security Policy – EU external relations – Management of boundaries – Institutional interpretation – External action objectives – Linking policies to objectives – Restrictive measures – Area of Freedom Security and Justice – Securitisation of migration – Energy policy – Development – Multilateral diplomacy – Global strategy

scholarly journals Restrictive measures - sanctions compliance, implementation and judicial review challenges in the common foreign and security policy of the European Union

ERA Forum ◽  
2021 ◽  
Vol 22 (1) ◽  
pp. 159-181
Author(s):  
Nadia Zelyova
Keyword(s):  
Judicial Review ◽  
Security Policy ◽  
Case Law ◽  
The European Union ◽  
Comprehensive Overview ◽  
Legal Evolution ◽  
Foreign And Security Policy ◽  
The Common ◽  
Restrictive Measures ◽  
The Eu

AbstractThis 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.

scholarly journals Conceptualization of Restrictive Measures Policy in the Context of European Security Issues: New Approaches

2021 ◽  
Vol 107 (7) ◽  
pp. 72-83
Author(s):  
Adel Abdullin ◽  
◽  
Maria Keshner ◽  
Keyword(s):  
Security Policy ◽  
Shared Responsibility ◽  
The European Union ◽  
European Security ◽  
Ability To Act ◽  
The World ◽  
Foreign And Security Policy ◽  
International Responsibility ◽  
Restrictive Measures ◽  
The Eu

The changing international situation and growing external challenges have given a new impetus to the further development of the Foreign and Security Policy of the EU. Promoting European interests and values on the world stage and enhancing the EU's ability to act autonomously are among the significant directions of the new strategic agenda of the European Union for 2019‒2024. One of the important foreign policy instruments in the EU's arsenal are restrictive measures against states, individuals and organizations (in the broadest sense). The aim of the study is the processes of conceptualization of the European policy of the application of restrictive measures: the formation of the regulatory framework and the implementation mechanism, taking into account the modern realities of the international and European legal order, in combination with the accumulated doctrinal resources and elements of the progressive development of the law of international responsibility. It is noted that it is in the EU space that the doctrinal potential is being formed, catalyzing the process of diversifying the formats of normative regulation in the sphere of implementing international responsibility. As a result of the study, the authors test the hypothesis that the following substantive components of the noted conceptualization processes correspond to the tasks of “autonomization” of the EU foreign and security policy and “a stronger Europe in the world”: countermeasures of third states; jurisdictional countermeasures; shared responsibility.

Adolescent abortion: Psychological and legal issues.

1987 ◽  
Vol 42 (1) ◽  
pp. 73-78 ◽  
Author(s):  
Keyword(s):  
Legal Issues
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