The Law and Practice of EU Sanctions

Forthcoming, S. Blockmans and P. Koutrakos (eds), Research Handbook on CFSP/CSDP (Elgar Publishing, 2018)

Amsterdam Law School Research Paper No. 2018-03

Amsterdam Centre for European Law and Governance Research Paper No. 2018-01

31 Pages Posted: 7 Mar 2018 Last revised: 11 May 2019

See all articles by Christina Eckes

Christina Eckes

Amsterdam Centre for European Law and Governance

Date Written: March 6, 2018

Abstract

Restrictive measures, i.e. sanctions, do not easily fit amongst other parts of the European Union’s Common Foreign and Security Policy. They consist of a peculiar combination of a CFSP decision, adopted under Title V of the TEU, and a regulation adopted pursuant to the TFEU. Any conclusions drawn from case law on sanctions can therefore only with caution be generalized to other parts of CFSP. This is amongst others what this Chapter does. It explains the exceptionalism of sanctions and cautiously traces the implications of sanctions for CFSP more broadly and other fields of law (e.g. of the EU closed evidence procedure introduced to meet the needs of sanctions litigation). It then examines the intrinsic tension between the political objectives of sanctions and their regulatory administrative or even criminal character. Finally, the Chapter identifies new trends (ever more sanctions; ever more litigation) and makes recommendations on how sanctions should be improved (better listing criteria).

Keywords: Restrictive measures/sanctions, hybrid TEU/TFEU nature, listing criteria, role of the European External Actions Service (EEAS), legal rules v. policy objectives, secondary sanctions, implications under national law, judicial review

JEL Classification: K00, K33, K14

Suggested Citation

Eckes, Christina, The Law and Practice of EU Sanctions (March 6, 2018). Forthcoming, S. Blockmans and P. Koutrakos (eds), Research Handbook on CFSP/CSDP (Elgar Publishing, 2018), Amsterdam Law School Research Paper No. 2018-03, Amsterdam Centre for European Law and Governance Research Paper No. 2018-01, Available at SSRN: https://ssrn.com/abstract=3135228

Christina Eckes (Contact Author)

Amsterdam Centre for European Law and Governance ( email )

Oudemanhuispoort 4-6
1012 CN Amsterdam
Netherlands

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