Beyond freezing?: the EU’s targeted sanctions against Russia's political and economic elites, and their implementation and further tightening in Germany

• Autores: Michael Kilchling
• Localización: Eucrim: the European Criminal Law Associations' fórum, ISSN 1862-6947, Nº. 2, 2022 (Ejemplar dedicado a: War in Ukraine: legal and political challenges for the EU), págs. 136-146
• Idioma: inglés
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• Resumen

  • Since 2014 persons allegedly involved in or supporting the undermining or threatening of the territorial integrity, sovereignty and independence of Ukraine are subject to freezing measures against their property and other financial resources within the European Union. As part of several comprehensive political and economic sanctioning packages initiated by the Commission and the Council after the invasion of February 2022, these financial sanctions have been significantly extended, currently targeting, inter alia, some 1,200 individuals, most of them of Russian nationality. This article provides a general overview of the concept of the EU's so-called targeted ("smart") sanctions and the adaption of this instrument to Russia's warfare in Ukraine, followed by an exploration of the plans for a further tightening of such measures as proposed by the European Commission. The intention is to go beyond the – temporary – freezing of assets owned by listed individuals and entities, thus promoting their seizure and confiscation. The new extended measures introduced quite recently in Germany clearly anticipate this new policy direction. They can be seen as a blueprint and have been depicted as point of reference for a critical analysis of such symbolic legislative activism which raises serious fundamental rights concerns.