Research Handbook on the EU’s Common Foreign and Security Policy
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Research Handbook on the EU’s Common Foreign and Security Policy

Edited by Steven Blockmans and Panos Koutrakos

In times of rapid change and unpredictability the European Union’s role in the world is sorely tested. How successfully the EU meets challenges such as war, terrorism and climate change, and how effectively the Union taps into opportunities like mobility and technological progress depends to a great extent on the ability of the EU’s institutions and member states to adopt and implement a comprehensive and integrated approach to external action. This Research Handbook examines the law, policy and practice of the EU’s Common Foreign and Security Policy, including the Common Security and Defence, and gauges its interactions with the other external policies of the Union (including trade, development, energy), as well as the evolving political and economic challenges that face the European Union.
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Chapter 10: The law and practice of EU sanctions

Christina Eckes

Abstract

EU sanctions do not fit easily among other parts of CFSP. 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 be generalized to other parts of CFSP with caution. This is, among other things, 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).

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