Challenging EU sanctions against Russia: The role of the court, judicial protection, and common foreign and security policy
Cambridge University Press
This Article deals with selected issues of judicial protection that arise in the context of the sanctions adopted by the EU against Russia and Belarus after the 2022 invasion of Ukraine. As most cases challenging the sanctions are pending, this Article draws lessons from the previous case law on EU restrictive measures. It explores what aspects of the sanctions escape judicial review, then profiles of external (or formal) legality of the sanctions, of internal (or substantive) legality, and concludes by assessing the overall role of the Court in EU foreign affairs. The discussion shows that the case law in this area of EU administrative law converges to a great extent with other areas of EU competence, but tensions remain in how the Court may impose substantial constraints to executive discretion in the field of Common Foreign and Security Policy.
Sanctions , Russia , Ukraine , Court of Justice of the European Union , Common Foreign and Security Policy , Restrictive measures , Judicial review
Lonardo, L. (2023) ‘Challenging EU sanctions against Russia: The role of the court, judicial protection, and common foreign and security policy’, Cambridge Yearbook of European Legal Studies, (24 pp). Available at: https://doi.org/10.1017/cel.2023.11.
© The Author(s), 2023. Published by Cambridge University Press on behalf of Centre for European Legal Studies, Faculty of Law, University of Cambridge. This is an Open Access article, distributed under the terms of the Creative Commons Attribution licence (http://creativecommons.org/licenses/by/4.0/), which permits unrestricted re-use, distribution and reproduction, provided the original article is properly cited.