International sanctions of the European Union in search of effectiveness and accountability

Abstract

The issue of international sanctions adopted by the Union, with specific reference to those addressed on individuals and private undertakings (art. 215 para. 2 Treaty on the Functioning of the European Union, TFEU), is increasingly relevant and expanding on several areas of law. In order to prove how Union law is evolving in this field, the paper suggests tackling three main topics. The first one deals with a recent proposal from the Commission to adopt criminal procedural law tools aimed at granting effective and uniform implementation of sanctions regimes inside each Union’s member State. The second one addresses on the developments of relevant case-law expanding and strengthening individuals’ capacity to challenge Union’s restrictive measures, providing with a fast overview of recent case-law at the Union’s level on individuals’ right to ask for damages against same Union’s sanctions. Finally, the trend towards a reinforcement of individuals’ prerogatives in this area of law, will be examined in the last field of analysis, by comparison with the Human Rights Sanctions Regime (HRSR) adopted by the Union two years ago.