Author: Sergey Glandin
Keywords: European Convention on Human Rights; European Court of Justice; restrictive measures; sanctions; The European Court of Human Rights
With effect from 30 July 2014 some Russian businessmen, who were not officials and did not have official or unofficial power to influence events in Ukraine, were made subject to Council Regulation (EU) No. 269/2014 concerning restrictive measures in respect of actions undermining the territorial integrity, sovereignty and independence of Ukraine. The effect of this Regulation is to impose asset freezing on all assets and the movement of funds within the EU, and a travel ban preventing these individuals from travelling within EU and England and/or appear in front of judge at any court proceedings in these countries. While U.S. law may allow such measures, it is argued that the Council of Europe exceeded its authority, justifying the voiding of these measures by E.U. judicial bodies. In turn European law on restrictive measures continues to develop in taking into consideration the fundamental rights of the complainants, following E.U. members fulfilling their obligations under the U.N. Charter. The author advances the discussion of the legal nature of so-called sanctions in E.U. law and suggests possible grounds for lifting these from Russian physical persons.
About the author: Sergey V. Glandin – Candidate of Sciences (PhD) in Law, lecturer in the Diplomatic Academy of Russia.