Ending Impunity for the Violation of Sanctions through Criminal Law

Abstract:

This article discusses the two-step approach proposed by the Commission to end impunity for those violating sanctions (Union restrictive measures) following Russia’s invasion of Ukraine. The first step concerns a proposal for a Council Decision identifying the violation of Union restrictive measures as an area of crime that meets the criteria specified in Article 83(1) of the Treaty on the Functioning of the European Union. The Council is expected to formally adopt that Decision in October 2022, which will be the first time that the list of EU crimes is extended.

This will allow the Commission to then immediately put forward a Directive on the definition of criminal offences and penalties for the violation of Union restrictive measures as a second step. In this regard, the Commission already suggested elements for such a future Directive in a Communication. Appropriate consultations are ongoing to ensure a high-quality text which empowers law enforcement and judicial authorities, while respecting criminal law principles and fundamental rights.

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