Ограничительные меры против третьих стран в практике Суда Европейского Союза

Международное правосудие. 2016. № 1(17). С. 95–103.

Entin K.

The primary task of this article is identifying and discussing some of the le-gal problems which arise from autonomous restrictive measures under EU law, particularly in the context of measures adopted against third countries. The article explores the differences between various sanction regimes as well as the legal basis and procedures in betaking particular types of restric-tive measures. The main part of the article is centered on the jurisdiction of the European Court of Justice with regards to the control of legality of re-strictive measures imposed on individuals. It reviews the changes that oc-curred in this sphere after the Lisbon Treaty and analyses the case-law of the Court regarding the protection of fundamental rights – the rights for de-fense, property rights and proportionality of sanctions. Finally, the article explores the issues that are more characteristic to the third counties’ sanction regimes. First, the judicial control of whether the listing of specific persons is justified in regard to the listing criteria established by the Council, particu-larly within the notion of “rulers and individuals associated with them”. And, second, the most recent trend demonstrated by the Court is controlling the determine these criteria in accord with their compatibility with the princi-ples of legal certainty and with respect to fundamental human rights. This new trend seems to be particularly important in the context of sanctions against Russia resulted from Ukrainian crisis.

Keywords: санкции, общая внешняя политика и политика безопасности ЕС, Лиссабонский договор, restrictive measures, ограничительные меры, Court of Justice of the EU, EU Common Foreign and Security Policy, sanctions, Суд Европейского Союза, challenges of sanctions

Publication based on the results of: Cистемный анализ отношений Россия – Европейский союз на постсоветском пространстве (2013)