Making Sanctions Work: Political and Legal Challenges of EU Restrictive Measures - 2022

Programme Description

EU restrictive measures, or sanctions, are one of the most significant instruments of the Common Foreign and Security Policy (CFSP). They have been employed with increasing frequency to address activities such as terrorism, nuclear proliferation, repression of civilian populations, misappropriation of state funds and the undermining of the rule of law, repression of civil society and democratic opposition, disrespect of the sovereign rights of a foreign territory, cyber-attacks, use of chemical weapons, as well as serious human rights violations. Their adoption and application are, however, not without political and legal challenges.

On the side of politics, their legitimacy and effectiveness has been put into question. They have been described as “unilateral coercive measures” by some third countries. They have also been seen as a blunt instrument, affecting subjects beyond the target of the sanctions. Moreover, overcompliance of restrictive measures can impact on the provision of development and humanitarian aid to the sanctioned country, thus negatively affecting the possibility of positive change in the long term. On the legal side, the increasing amount of case-law by the EU Courts contributes to the shaping of this impactful foreign policy tool, restricting policymakers’ choices. EU policymakers are also confronted with the adverse effects of sanctions imposed by third countries such as the US on the EU economy and foreign policy. Thus, fully understanding this complex and ever-changing policy instrument is a challenge in its own right, that this executive training aims to address by bringing in top legal experts, academics, and practitioners.

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Duration and schedule

• 22 & 26 April 2022 (Online)
• 28 & 29 April 2022 (Residential in Florence)

 

Learning outcomes

This executive training will provide the participants with detailed knowledge on the political and legal aspects of restrictive measures applied in the European Union, and in particular:

• the evolution and major features of EU restrictive measures,
• their political and legal nature,
• the broader international context within which they operate,
• the mechanisms whereby they become law,
• the practical implications and challenges as regards their enforcement, including possible remedies to address extraterritorial effects of US sanctions discussed in the context of the forthcoming review of the EU Blocking Statute,
• the judicial review ensured by the Courts of the EU and their impact on the development of common EU norms and principles and fundamental rights protection,
• their effectiveness and legitimacy, their placement within the EU’s external policy, their geopolitical potential.

 

Learning method

• By joining knowledge transfer sessions led by accomplished practitioners, lawyers and academics, with deep experience of the key issues of law and policy of restrictive measures.
• Through active participation in two on-line and interactive training sessions in situ addressing the details of the normative framework and focusing on the topical issues and main challenges posed by the implementation and judicial review of the EU sanctions policy.
• By blending experts’ inputs and learners’ interaction (case-study discussions on decision-making scenarios), this Executive Training also creates an enabling environment for peer-learning and networking.

 

Who should attend

• Civil servants of national administrations, including diplomats, in particular those involved in European affairs.
• Practising lawyers before EU and national courts.
• Researchers focusing on international law and EU international relations and external policy.
• Civil servants of EU institutions and services working in the field of restrictive measures.
• Compliance officers.

 

Speakers & Trainers

• Alina Nedea, Head of the Sanctions Unit, DG FISMA, European Commission.
• África Pinillos, Chief Supervisory Officer of the Spanish Financial Intelligence Unit (Sepblac).
• Kimberly Prost, First Ombudsperson for the UN Security Council’s Al-Qaeda Sanctions Committee.
• Michael Bishop, Senior Legal Advisor, Legal Service, European Council/Council of the EU.
• Clara Portela, Professor, University of Valencia.
• Fabrizio Tassinari, Executive Director, EUI School of Transnational Governance.
• Juan Ignacio Signes de Mesa, Legal Secretary, Court of Justice of the European Union (CJEU).
• Petra Mahnič, Legal Advisor, Legal Service, European Council/Council of the EU.
• Miguel Poiares Maduro, Part-time Professor, EUI School of Transnational Governance.
• Sandra De Waele, Head of the Sanctions Division, EEAS.