Paul Gragl
Sanktionen und Strafe - Rechtskonformität und Verwebungseffekt von restriktiven Maßnahmen der EU gegen Russland
Published in German.
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- available
- 10.1628/avr-2024-0026
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This paper discusses how the European Union can respond to the ongoing Russian aggression against Ukraine within its legal framework of restrictive measures under the Common Foreign and Security Policy (CFSP). However, the question remains as to how it can do so both effectively and in accordance with the law, including international law, fundamental rights and the general requirements of the rule of law. The answer lies not only in the legal protection afforded by the Court of Justice of the European Union, but also in the Union's recent turn to criminal law and the recent adoption of Directive 024/1226 establishing criminal offences for breaches of EU restrictive measures. In this context, we witness a multidimensional intertwining of areas of law as diverse as the CFSP, the Area of Freedom, Security and Justice (AFSJ), fundamental rights and international law, leading to the conclusion that these areas can no longer be analysed in isolation of each other when it comes to the regulation of restrictive measures under EU law.