Legal Framework for the Regulation of Sanctions Measures in the European Union
// International Law and International Organizations. – 2023. – № 1.
– P. 42-54.
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Abstract: The subject of this article is the legal basis of the mechanism for the adoption of sanctions (restrictive measures) within the European Union. The author traced the evolution of the application of sanctions since the creation of the European Economic Community (1957) to the present day, analyzed the relevant sections of the most important constituent acts of the EU and considered the features of the EU sanctions mechanism at the present stage. In recent decades, the practice of applying political and economic sanctions has significantly expanded in the system of international relations. At the same time, if earlier the initiator of international restrictive measures was usually the UN Security Council, now the world is dominated by unilateral national sanctions adopted on the basis of domestic political and legal norms. Somewhat apart in this process are the countries of the European Union, which are guided by collective sanctions measures approved within the EU. The purpose of this article is to study the specifics of the EU sanctions policy, to determine the legal nature of collective sanctions, as well as their compliance with the current principles and standards of modern international law. In the course of the evolution of the European Union as a subject of international legal relations, a special place was given to the formation of the common Foreign and Security Policy of the EU. The author comes to the conclusion that the gradual transformation of an economic association into a political union has led to the need for a unified coordinated policy in the international arena. According to the author, at the present time, the sanctions measures of the European Union have become an integral part of the PRSP, strengthening its role and importance as an important chain in the system of international relations. At the same time, the EU, not having its own armed forces, increasingly considers collective sanctions as an instrument of its political and economic influence in the world. The novelty of this study lies in the consideration of the EU sanctions mechanism from the point of view of the formation of a single common foreign policy of this supranational union.
Keywords: european values, High Representative, CFSP, Lisbon Treaty, international law, EU, Common foreign policy, European Union, restrictive measures, sanctions
Treaty establishing the European Economic Community, Rome, 1957, https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=celex%3A11957E%2FTXT
Single European Act, OJ L 169, 29.6.1987, p. 1-28.
Treaty on European Union, Title V, OJ C 191, 29.7.1992, p. 1-112.
Treaty of Amsterdam amending the Treaty on European Union, the Treaties establishing the European Communities and certain related acts, OJ C 340, 10.11.1997, p. 1-144.
Draft Treaty establishing a Constitution for Europe, OJ C 169, 18.7.2003, p. 1-150.
Treaty of Lisbon amending the Treaty on European Union and the Treaty establishing the European Community, signed at Lisbon, 13 December 2007, OJ C 306, 17.12.2007, p. 1-271.
Guidelines on implementation and evaluation of restrictive measures (sanctions) in the framework of the EU Common Foreign and Security Policy, https://data.consilium.europa.eu/doc/document/ST-5664-2018-INIT/en/pdf
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