The EU adopts sanctions (officially called restrictive measures) to protect its interests (such as when sanctions are adopted to respond to various security threats such as hybrid threats), but also to respond to the malicious positioning of various other international actors. While EU sanctions have been adopted before on a number of topics and against various countries (depending on their thematic, the restrictive measures are categorised in various regimes. As such, for a country, you may have different regimes, such as Russia Human Rights or Russia cyber-attacks), they have come more to prominence following Russia’s war of aggression against Ukraine. In that context, the EU responds to the Russian threats by targeting individuals and entities it believes (and gathers evidence in that sense) come against its own interests.
Step 1 — Proposal and Drafting
Sanctions may be proposed in response to a wide range of triggering events, including military aggression, human rights abuses, cyber and hybrid attacks, nuclear proliferation, or other violations of international law. The initiative is typically prepared by the European External Action Service (EEAS), working in coordination with the European Commission and the Member States.
In practice, the EEAS drafts the proposal together with specialised Commission Directorates-General — such as FISMA — while Member States contribute by providing substantiating information for individual or entity listings.
Step 2 — Negotiation in Council Working Parties
Based on the EEAS proposal, Member States negotiate in the relevant Council working groups. A first discussion typically takes place in a thematic political group — such as COEST for Eastern European matters, or the Middle East/Gulf (MoG) group for Iran-related sanctions — before moving to the Working Party of Foreign Relations Counsellors (RELEX). Although RELEX carries broader responsibilities, it is primarily tasked with sanctions implementation.
In these groups, diplomats from all 27 Member States discuss who (persons) or what (entities) should be listed, which measures should apply — travel bans or asset freezes — and any possible exemptions. Of particular importance are the legal justifications underpinning each listing. These are essential because sanctions can be challenged before the General Court of the EU, with appeals to the Court of Justice. The courts examine whether sufficient evidence supported the listing, whether procedural rights were respected, and whether the measures are proportionate. The EU courts have annulled sanctions in cases where these standards were not met.
Step 3 — Unanimous Political Decision
Once negotiations in the working parties are concluded, sanctions are agreed at Coreper level and formally adopted by the Council — usually in its Foreign Affairs Council (FAC) formation, though this is not an absolute requirement. Because the Council is constitutionally indivisible, decisions may be adopted at any Council meeting, regardless of formation.
For particularly significant sanctions packages, unresolved issues from working-party discussions may escalate to Coreper or even to the Council itself. Crucially, sanctions are always adopted by unanimity. This means that a single Member State can block adoption — a dynamic that has, on occasion, delayed or prevented the adoption of measures.
Step 4 — Adoption of Legal Acts
Once the political decision is taken, two distinct legal instruments are typically adopted. A Council Decision establishes the political determination to impose sanctions. A Council Regulation gives those sanctions legal effect within the EU, making them directly binding on individuals, companies, banks, and public authorities across all Member States.
Both acts are published in the Official Journal of the European Union. Unless a specific date is stipulated within the text, they enter into force on the day of publication.
Step 5 — Implementation and Enforcement
Although EU sanctions constitute Union law, their enforcement is primarily the responsibility of the individual Member States. National competent authorities are tasked with freezing assets, monitoring compliance, investigating potential violations, and imposing penalties for any breaches detected.
The Brussels Brief 
Leave a comment