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Legality of sanctions

This page contains information about the legal aspects of European Union sanctions.

 

Information regarding EU sanctions is publically available and can be accessed via the EU Sanctions map, the EU Sanctions Tracker and the Financial Sanctions Database. It is a fundamental principle of EU sanctions that, where persons and entities are targeted by these measures, their fundamental rights must be respected. This includes the due process rights of the listed persons and entities, in accordance with the case-law of the Court of Justice of the European Union.

Council Decisions are based on the rule of law. Once a person has been listed, she is informed by the EU of her listing. She has the right to make representations to the Council and request the Council to de-list her. Any listed person has the right to bring a legal challenge and contest the listing in front of the European courts. The contents of these representations and legal cases are confidential.

EU sanctions regimes are regularly reviewed and, if necessary, amended. The Council reassesses the circumstances pertaining to each listed person and determines whether changes to the legal acts should be made.

Avoiding unintended consequences

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The EU is committed to avoiding and mitigating any potential unintended impacts of EU sanctions on humanitarian action. EU sanctions never target the civilian population. Food, medicine and other emergency supplies do not fall under EU sanctions.

EU sanctions regimes contain exceptions (derogations and exemptions) to allow for humanitarian action. Standard exemptions are foreseen for designated persons to meet basic needs or access medical care and medicines.

Furthermore, specific sectoral exemptions can apply, allowing for provisions for humanitarian assistance and humanitarian activities, including medical assistance. This exemption system under EU law is similar to the system of exemptions operated under UN sanctions.